Bill

Bill > H3517


SC H3517

SC H3517
Deceptive and fraudulent deepfake media in elections


summary

Introduced
01/14/2025
In Committee
01/14/2025
Crossed Over
Passed
Dead

Introduced Session

126th General Assembly

Bill Summary

Amend The South Carolina Code Of Laws By Adding Section 7-25-230 So As To Prohibit The Distribution Of Deceptive And Fraudulent Deepfake Media Of A Candidate Within Ninety Days Of An Election Unless The Media Includes Requisite Disclosure Language, And To Authorize A Candidate Whose Likeness Is Depicted In Media Distributed In Violation Of This Section To Seek Injunctive Or Other Equitable Relief As Well As An Action For Damages Against The Distributor Of The Media.

AI Summary

This bill amends South Carolina law to address the growing problem of deepfake technology in elections by creating new regulations for synthetic media that could mislead voters. The bill defines "synthetic media" as digitally manipulated images, audio, or video that realistically depict something that did not actually occur, and specifically targets "deceptive and fraudulent deepfakes" intended to harm a candidate's reputation or deceive voters. Within 90 days of an election, it would be illegal to distribute such synthetic media without clear disclosure that the media has been artificially generated, with specific requirements for how this disclosure must appear in visual or audio content. Candidates whose likenesses are misused in these deepfakes can seek legal remedies, including injunctions and monetary damages. Violators can face criminal penalties, ranging from misdemeanor charges with up to 90 days in jail and a $500 fine for a first offense to felony charges with up to 5 years in prison and a $1,000 fine for repeat offenses within five years. The bill includes exceptions for news broadcasts, satire, and parody, recognizing the complexity of regulating media while protecting free speech. The law would take effect upon the Governor's approval, representing a significant effort to combat misinformation in electoral politics.

Committee Categories

Justice

Sponsors (1)

Last Action

Referred to Committee on Judiciary (on 01/14/2025)

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