HB316: An Act To Amend Title 15 Of The Delaware Code Relating To Deep Fakes In Elections.

Legislative Summary

This Act creates a new elections crime: use of deep fake technology to influence an election. Under this statute it would be a crime to distribute within 90 days of an election a deep fake that is an audio or visual depiction that has been manipulated or created with generative adversarial network techniques, with the intent of harming a party or candidate or otherwise deceiving voters. It is not a crime, nor is there a penalty, if the altered media contains a disclaimer stating This audio/video/image has been altered or artificially generated. There is also provision for civil injunctive relief for a candidate depicted in a deep fake. There are various exceptions to protect speech, expression, and media rights. A violation of this statute is a class B misdemeanor unless the deepfake is intended to cause violence or bodily harm, in which case it is a class A misdemeanor, or if it is a repeat offense within 5 years, in which case it is a class E felony. Pursuant to § 5101 of Title 15, all offenses under this section are heard in Superior Court.