South Dakota Political Deepfake Disclosure Law (2025)
South Dakota · SD SB 164 (2025); signed Mar. 31, 2025; eff. July 1, 2025
South Dakota requires that intentionally harmful, unlabeled AI deepfakes of politicians distributed within 90 days of an election carry an AI-manipulation disclosure; violators face civil and criminal liability. Broadcasters, newspapers, websites, and radio stations are exempt, as are satire and parody.
Technical detail
SB 164 (2025), sponsored by Sen. Liz Larson; signed by Gov. Larry Rhoden Mar. 31, 2025, effective July 1, 2025. Requires a prescribed AI-disclosure label on election deepfakes within the 90-day window; civil and criminal liability (reported as a Class 1 misdemeanor: up to 1 year, $2,000). Passed Senate 32-3, House 45-24.
Who is protected: South Dakota candidates and voters
Who must comply: Anyone distributing AI-manipulated political media in South Dakota
Key facts
| Jurisdiction | South Dakota |
|---|---|
| Level | State |
| Status | In effect |
| Protection strength | Limited protection |
| Effective date | 2025-07-01 |
| Enacted | 2025-03-31 |
| Citation | SD SB 164 (2025); signed Mar. 31, 2025; eff. July 1, 2025 |
| Enforced by | South Dakota Attorney General; state prosecutors |
| Penalties | Civil and criminal liability; reported as a Class 1 misdemeanor (up to 1 year, $2,000 fine) |
| Topics | deepfakes · election deepfakes · AI-generated images · AI disclosure and transparency |
| Last verified | 2026-06-15 |
| Official source | South Dakota Cracks Down on Unlabeled Deepfakes in Elections — Akin ↗ |
More AI rules in South Dakota
- SD AI CSAM Law · In effect
Related deepfakes rules elsewhere
- TAKE IT DOWN Act · In effect
- TCPA (AI voice calls) · In effect
- DEFIANCE Act (deepfake-porn civil suits) · Proposed / pending
- SB 942 (AI Transparency Act) · Enacted (not yet in effect)
- AB 2839 (Election Deepfakes) · Blocked / in litigation
- AB 602 (Deepfake Intimate Images) · In effect
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