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, provided they know or should know that the content is a deepfake. The bill also outlines exceptions for deepfakes that are satire or parody, as well as those disseminated by certain media outlets under specific conditions, such as clear acknowledgment of authenticity concerns.
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 establishes liability for damages and attorney fees for those who violate the prohibition, while also providing an affirmative defense if the deepfake includes a specific disclosure about its manipulation by artificial intelligence. This disclosure must be clearly visible or audible, ensuring that viewers or listeners are aware of the deepfake's nature.