DE HB316: An Act To Amend Title 15 Of The Delaware Code Relating To Deep Fakes In Elections.

In one paragraph

Delaware's HB 316 (enacted as House Substitute 1, 84 Del. Laws c. 487) makes it a crime to distribute, or contract to distribute, a deep fake of a candidate or party within 90 days before an election without the depicted person's consent, if the person knows or should know it is a deep fake. Media carrying "This (image/video/audio) has been altered or artificially generated." is exempt, as are qualifying news coverage, satire and parody. Violations are class B misdemeanors, or class A with intent to cause violence or within 5 years of a prior conviction; depicted candidates may sue in the Court of Chancery. Signed and effective October 9, 2024.

Plain-English summary, written with AI assistance. The official text controls.

What it means for business

Campaigns, consultants and media in Delaware distributing candidate deep fakes within 90 days before an election need the depicted person's consent or the statutory disclosure, or face misdemeanor charges and Chancery suits; news coverage, satire and Section 230 platforms are exempt.

Key provisions

1. 1New 15 Del. C. § 5145: synthetic media is an image, audio or video of an individual's appearance, speech or conduct created or intentionally manipulated with generative adversarial network techniques or other digital technology to create a realistic but false image, audio or video; a deep fake is synthetic media depicting a candidate or political party with intent to injure their reputation or otherwise deceive a voter, that looks to a reasonable person like something that really happened or gives a fundamentally different impression than the original
2. 2Unlawful to distribute a deep fake, or enter into an agreement to distribute one, within 90 days before an election and without the depicted individual's consent, when the person knows or reasonably should know it is a deep fake
3. 3Not a violation if the media states "This (image/video/audio) has been altered or artificially generated.": visual text must be easily readable, no smaller than the largest other text and shown for a video's full duration; audio-only disclosures (if no visual disclosure is feasible) are spoken at the start and end and at least every 2 minutes
4. 4Exempt: broadcasters, cable and satellite operators, apps, websites and streaming platforms airing a deep fake in bona fide news coverage that flags questions about its authenticity, or federally required candidate ads; paid broadcasts where the station made a good-faith effort (presumed on the payor's representation) or bars such content; news publications that state the media is inaccurate; satire or parody
5. 5Section 3: the paid-broadcast exemption in § 5145(d)(2) expired 1 year after enactment (October 9, 2025) unless extended by the General Assembly; no extension appears in the captured records.
6. 6Construed consistently with 47 U.S.C. § 230: no liability for interactive computer, information or telecommunications services for content provided by another person; activities to detect or prevent security incidents, fraud and other illegal activity are not restricted
7. 7Class B misdemeanor; class A misdemeanor with intent to cause violence or bodily harm or within 5 years of a prior conviction. A depicted candidate may bring an expedited action in the Court of Chancery for injunctive relief and damages, with attorney's fees and costs to a prevailing party
8. 8Signed by the Governor October 9, 2024 (84 Del. Laws c. 487); effective October 9, 2024

Latest legislative action

Oct 9, 2024. Signed by Governor (84 Del. Laws c. 487)

Sponsors (showing 5 of 30)

Roll call votes