South Dakota § 12-26-37 Deepfake--Affirmative defense--Disclosure.

South Dakota Statutes

§ 12-26-37 — Deepfake--Affirmative defense--Disclosure.

South Dakota § 12-26-37

Title 12ELECTIONS

Ch. 12-25AOFFENSES AGAINST THE ELECTIVE FRANCHISE

This text of South Dakota § 12-26-37 (Deepfake--Affirmative defense--Disclosure.) is published on Counsel Stack Legal Research, covering South Dakota primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

S.D. Codified Laws § 12-26-37 (2026).

Text

It is an affirmative defense for any action brought pursuant to §§ 12-26-32 to , inclusive, that the deepfake includes a disclosure stating: "This (image/video/audio) has been manipulated or generated by artificial intelligence." For an image or video recording, the text of the disclosure must appear in a size that is easily readable by the average viewer and no smaller than the largest font size of other text appearing in the image or video recording. The disclosure must be superimposed over each deepfake. For an audio recording, the disclosure must be read in a clearly spoken manner and in a pitch that is easily heard by the average listener at the beginning and end of the audio recording.

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It is an affirmative defense for any action brought pursuant to §§ 12-26-32 to , inclusive, that the deepfake includes a disclosure stating: "This (image/video/audio) has been manipulated or generated by artificial intelligence." For an image or video recording, the text of the disclosure must appear in a size that is easily readable by the average viewer and no smaller than the largest font size of other text appearing in the image or video recording. The disclosure must be superimposed over each deepfake. For an audio recording, the disclosure must be read in a clearly spoken manner and in a pitch that is easily heard by the average listener at the beginning and end of the audio recording.