This bill aims to prohibit the use of deepfakes to influence elections in South Dakota, establishing penalties for violations. It defines "artificial intelligence" and "deepfake," and makes it a Class 1 misdemeanor for any person to disseminate a deepfake with the intent to harm a candidate within ninety days of an election, unless the deepfake is accompanied by a specific disclosure. The bill outlines exceptions for deepfakes that are satire or parody, those broadcasted as part of bona fide news coverage with proper acknowledgment of authenticity concerns, and those disseminated by certain internet and media providers acting in a technical capacity.

Additionally, the bill allows the attorney general, affected candidates, or individuals depicted in deepfakes to seek injunctive relief against the dissemination of such content. It also establishes that individuals who violate the prohibition are liable for damages, costs, and attorney fees, with the burden of proof resting on the plaintiff to demonstrate that the deepfake was knowingly used. An affirmative defense is provided if the deepfake includes a clear disclosure stating that it has been manipulated or generated by artificial intelligence, with specific requirements for the visibility of the disclosure in both visual and audio formats.