SD Deepfakes Act
South Dakota Political Deepfakes Act (SB 164)
Prohibits disseminating deepfakes about candidates within 90 days of election with intent to cause injury. Class 1 misdemeanor with up to 1 year imprisonment and $2,000 fine. Affirmative defense for content with AI manipulation disclosure. Civil remedies available to AG, candidates, and depicted individuals.
Jurisdiction
South Dakota
Enacted
Mar 31, 2025
Effective
Jul 1, 2025
Enforcement
South Dakota Attorney General; Courts
Signed by Governor March 31, 2025
South Dakota LegislatureWhy It Matters
Clear disclosure requirements with specific format rules. Affirmative defense mechanism allows compliant AI-generated content. Private right of action for candidates.
Recent Developments
Enacted March 2025 as part of wave of state election deepfake laws. Specific disclosure format requirements for video and audio content.
At a Glance
Applies to
Harms addressed
Requires
Who Must Comply
- Any person disseminating deepfakes about South Dakota candidates
- Political communications using AI-manipulated media
Obligations fall on:
Safety Provisions
- Prohibition on candidate deepfakes within 90 days of election
- Required disclosure: 'This (image/video/audio) has been manipulated or generated by artificial intelligence'
- Video disclosure: legible, no smaller than largest font, superimposed over deepfake
- Audio disclosure: clearly spoken at beginning and end of recording
- Civil remedies for injunctive relief and damages
Exemptions
Satire and Parody
Deepfakes constituting satire or parody exempt
- • Content constitutes satire or parody
Media Outlet Distribution
Broadcasters, newspapers, websites, radio stations exempt
- • Distribution by broadcaster, newspaper, website, or radio station
Compliance & Enforcement
Key Dates
Jul 1, 2025
All provisions take effect
Penalties
$2K; criminal (up to 1yr)
Private Right of Action
Individuals can sue directly without waiting for regulatory action.
View on map
South Dakota
Focus Areas
General regulation
Cite This
APA
South Dakota. (2025). South Dakota Political Deepfakes Act (SB 164).
Related Regulations
NH Deepfakes Act
Criminalizes fraudulent use of deepfakes as a Class B felony (1-7 years imprisonment). First state law with explicit private right of action for deepfake victims. Enhanced penalties when deepfakes result in wrongful arrest. Prohibits lobbyists who violate the law from registering.
HI Deepfakes Act
Prohibits distribution of materially deceptive media (deepfakes) in elections from February 1 through general election without disclaimer. Criminalizes violations with escalating penalties from petty misdemeanor to Class C felony if intent to cause violence. Private right of action for candidates, depicted individuals, and voter advocacy organizations.
MS Election Deepfakes Act
Criminalizes dissemination of election deepfakes without consent within 90 days of election with intent to injure candidates, influence results, or deter voting. Escalating penalties from 1 year/$5,000 to 5 years/$10,000 for repeat offenders or intent to incite violence. Private right of action for candidates and political parties.
TX AI Catfishing Law
Establishes civil liability for online impersonation using AI. Person liable if they knowingly and with intent to harm, defraud, intimidate, or threaten use AI to impersonate another's name, voice, signature, photograph, or likeness. Civil remedies include injunctive relief, actual damages, exemplary damages ($500+ minimum), costs, and attorney's fees. Satire and parody exempted.
WI Act 123 AI Deepfake Disclosure
Requires disclosure when AI is used to generate materially deceptive media in political ads. Ads must include 'This content generated by AI' notice in text and audio. Applies to candidate ads, issue advocacy ads, and referendum ads.
AR HB 1071
Amends Arkansas publicity rights law to explicitly include AI-generated reproductions of voice and likeness. Covers simulated voices and 3D generation.
Last updated January 22, 2026. Verify against primary sources before relying on this information.