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AI Summary
This Act criminalizes the use of deep fake technology to influence elections, with specific penalties and exceptions for disclaimers.
Business Impact
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? ▼
Introduced
— Filed in the legislature; not yet heard in committee
In Committee
— Assigned to and being reviewed by a legislative committee
Passed
— Approved by one or both chambers; awaiting further action
Signed / Enacted
— Signed into law by the governor; may or may not be in effect yet
Dead / Vetoed
— Vetoed, failed to pass, or session expired without action
Unknown
— Status data not yet available or awaiting classification
Affected Industries
Topics How we classify →
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.
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.
- Specifies that all offenses are heard in Superior Court.
Latest Legislative Action
Signed by Governor
Bill Sponsors (showing 5 of 30)
| Name | Role |
|---|---|
| Brian Pettyjohn R | Primary |
| Bryan Townsend D | Primary |
| Cyndie Romer D | Primary |
| Darius J. Brown D | Primary |
| Dave G. Lawson R | Primary |
Roll Call Votes
SM ·
Jun 30, 2024
40 Yea
1 Nay
Passed ✓
SM ·
Jun 27, 2024
21 Yea
0 Nay
Passed ✓
SM ·
May 9, 2024
37 Yea
0 Nay
4 Other
Passed ✓
Compliance Checklist
Ensure all election-related media includes a disclaimer if altered.
Who: Media distributors and election-related content creators.
Deadline: By 10/9/24.
Penalty: Class B misdemeanor for non-compliance.
Who: Media distributors and election-related content creators.
Deadline: By 10/9/24.
Penalty: Class B misdemeanor for non-compliance.
Review and potentially modify content distribution practices to comply with the new law.
Who: Businesses involved in election media.
Deadline: By 10/9/24.
Penalty: Increased penalties for violations, including class A misdemeanors for harmful intent.
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
HB316 establishes a new crime related to the distribution of deep fakes within 90 days of an election, specifically targeting audio or visual content manipulated through generative adversarial networks. The law prohibits such distribution if it is intended to harm a candidate or mislead voters. However, if the altered media includes a clear disclaimer stating that it has been altered or artificially generated, it is exempt from penalties. Violations are classified as class B misdemeanors, escalating to class A misdemeanors if intended to incite violence, or class E felonies for repeat offenses within five years. All offenses will be adjudicated in Superior Court as per § 5101 of Title 15. The bill also includes provisions for civil injunctive relief for candidates depicted in deep fakes and outlines exceptions to protect free speech and media rights.
Official Source
Official Bill Text
View HB316 on official legislature website →
Related Topics
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