Political deepfakes bill headed to South Dakota governor's desk
The sun sets on Feb. 5, 2025, behind the South Dakota Capitol in Pierre. (Seth Tupper/South Dakota Searchlight)
A bill to require labels on political deepfakes within 90 days of an election passed the South Dakota Legislature on Monday at the Capitol in Pierre.
A deepfake is a digitally altered photo, video or audio of a person or people, meant to appear real, often created using artificial intelligence.
In the runup to the 2024 presidential primary, a robocall featuring an altered version of then-President Joe Biden's voice circulated in New Hampshire.
'Election integrity' activists speak out against labels for political deepfakes
Senate Bill 164, which passed the House of Representatives 45-24, is a more narrowly tailored version of a proposal that first appeared in the Legislature in 2024, shortly after news of that robocall broke.
That version drew free speech concerns, in part from broadcasters worried it might sweep them up into liability for unwittingly hosting deepfakes.
SB 164, which passed the state Senate last week 32-3, explicitly exempts broadcasters, newspapers, websites or radio stations from liability. Sen. Liz Larson, D-Sioux Falls, introduced the bill.
If Gov. Larry Rhoden signs the bill, people or organizations that disseminate unlabeled deepfakes of South Dakota politicians with the intent to hurt a candidate, within 90 days of an election, would be subject to civil and criminal liability.
Unlabeled political deepfakes could be shared outside of the 90-day election window. Labeled deepfakes and deepfakes that constitute satire could be shared at any time.
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