In one paragraph
South Dakota's 2025 SB 164 targets election deepfakes. A deepfake is an image, audio or video created or manipulated with AI or other digital technology so realistic that a reasonable person would believe it shows a real person's speech or conduct that did not happen. Disseminating one, or contracting to, with intent to injure a candidate within 90 days of an election, without the disclosure "This (image/video/audio) has been manipulated or generated by artificial intelligence," is a Class 1 misdemeanor. The AG, candidates and depicted people can sue. The act states no effective date.
Plain-English summary, written with AI assistance. The official text controls.
What it means for business
Campaigns, PACs and media buyers in South Dakota must label AI-manipulated media of real people in the 90 days before an election; broadcasters and platforms have exemptions.
Key provisions
- Defines artificial intelligence and deepfake (realistic AI- or digitally-made image, audio or video of speech or conduct that did not occur)
- Disseminating a deepfake with intent to injure a candidate within 90 days of an election, without the disclosure, is a Class 1 misdemeanor
- Exceptions for satire or parody, bona fide news coverage that flags authenticity questions, paid broadcasts and publications, and 47 U.S.C. 230 providers
- The AG, an injured candidate or the depicted person may seek an injunction; candidates and depicted people may recover damages, costs and attorney fees
- Affirmative defense: the disclosure that the media was manipulated or generated by AI, with font-size and audio rules
Latest legislative action
Mar 25, 2025. Signed by the Governor
Topics and industries
Related topics
Affected industries
This page is general information, not legal advice. Summaries are AI-assisted and may contain errors; read the statute for the controlling text and talk to a lawyer about your situation. Full disclaimer · Report an error