Background

On March 11, 2025, the South Dakota Legislature passed SB 164 by a vote of 45-24. The bill is now with the governor. Sponsored by Senator Larson, the bill prohibits the use of deepfakes to influence elections and establishes penalties for violations.

Like similar laws in other states, SB 164 does not ban deepfakes outright but instead requires disclosures on AI-generated or manipulated imagery and audio. However, some states, including Minnesota and Texas, have implemented outright bans on deepfakes depicting political candidates.

Applicability and Exceptions

SB 164 is divided into six sections, with the first section introducing legal definitions of artificial intelligence and deepfakes, marking the first time these terms have been codified in South Dakota law. These definitions were adopted from findings by the state’s Study Committee on Artificial Intelligence and Regulation of Internet Access by Minors in the summer of 2024.

Artificial Intelligence is defined as: “Any machine-based system that, for any explicit or implicit objective, infers from the inputs received by the system how to generate content, decisions, predictions, recommendations, or other outputs, which can influence physical or virtual environments.”

Deepfake is defined as: “Any image, audio recording, or video recording created or manipulated with the use of artificial intelligence or other digital technology that is so realistic, a reasonable person would believe it depicts the speech or conduct of an actual individual who did not in fact engage in the speech or conduct.”

The bill’s primary focus is to prohibit the dissemination of deepfakes intended to harm a political candidate within 90 days of an election. However, deepfake content may be shared if it includes a clear disclosure. The disclosure must state: “This (image/video/audio) has been manipulated or generated by artificial intelligence.” The law requires that disclosures be as prominent as any other critical text or spoken words in the announcement.

It also outlines crucial protections to address potential first amendment concerns. Broadcasters and platforms that make a reasonable effort to prevent deepfakes or label them as part of news coverage are shielded from liability. There is also an exception for satire and parody.

Enforcement

Individuals harmed by violations of SB 164 may seek damages, attorney’s fees, and any other relief the court deems appropriate.