This Act criminalizes the use of deep fake technology to influence elections, with specific penalties and exceptions for disclaimers, and includes a carveout for Section 230 protections.
If you distribute media related to elections in Delaware, you must ensure it includes a disclaimer if altered, or face misdemeanor charges by 10/9/24.
What do these statuses mean? ▼
Affected Industries
Topics
What This Means
Delaware's HB316 introduces significant regulations on the use of deep fake technology in elections, creating new criminal offenses for misleading voters. The law outlines specific penalties based on intent and provides civil remedies for affected candidates. Businesses involved in election-related media must be vigilant about compliance to avoid legal repercussions, especially with the inclusion of mobile applications, Internet websites, and streaming platforms in the exceptions.
Key Provisions
- Criminalizes distribution of deep fakes intended to mislead voters within 90 days of an election.
- Exempts altered media with disclaimers from penalties.
- Establishes penalties ranging from class B misdemeanors to class E felonies based on intent and repeat offenses.
- Allows civil injunctive relief for candidates depicted in deep fakes.
- Includes exceptions to protect free speech and media rights, including a carveout for Section 230 protections.
- Specifies that all offenses are heard in Superior Court.
- Adds mobile applications, Internet websites, and streaming platforms to the exceptions.
Latest Legislative Action
Signed by Governor
Bill Sponsors
| Name | Role | District |
|---|---|---|
| Cyndie Romer D | Sponsor | HD-025 |
| Valerie Longhurst D | Sponsor | HD-015 |
| Bryan Townsend D | Sponsor | SD-011 |
| Nicole Poore D | Sponsor | SD-012 |
| DeShanna Neal D | Sponsor | HD-013 |
| Michael Ramone R | Sponsor | HD-021 |
| Paul Baumbach D | Sponsor | HD-023 |
| Stephanie Hansen D | Sponsor | SD-010 |
| Russ Huxtable D | Sponsor | SD-006 |
| Brian Pettyjohn R | Sponsor | SD-019 |
Roll Call Votes
Compliance Checklist
Who: Media distributors and election-related content creators.
Deadline: By 10/9/24.
Penalty: Class B misdemeanor for non-compliance.
Who: Businesses involved in election media.
Deadline: By 10/9/24.
Penalty: Increased penalties for violations, including class A misdemeanors for harmful intent.
Full Legal Analysis
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