The South Dakota Election Deepfake Labeling Law (SB 164) prohibits disseminating an unlabeled deepfake of a candidate within 90 days of an election with intent to injure the candidate or influence the outcome. A deepfake is defined as digitally altered or AI-generated media so realistic a reasonable person would believe it depicts real speech or conduct.
Penalties Under the South Dakota Election Deepfake Labeling Law
Violations are class 1 misdemeanors carrying up to a year in jail and a $2,000 fine, plus civil liability. Content escapes liability if it carries a disclosure stating the media has been manipulated or generated by artificial intelligence, superimposed legibly on video or spoken at the start and end of audio.
Exemptions and Limits
Broadcasters, newspapers, websites, and radio stations are exempt, as are satire and parody. Outside the 90-day pre-election window the law does not apply at all. For political advertisers, the safe path is simple: label AI-altered candidate media in the prescribed format whenever a South Dakota election is within three months.
Source: South Dakota Legislature: SB 164
Report a violation: If you believe a business is violating this law, you can file a complaint with the South Dakota Attorney General Division of Consumer Protection.
