Vote Smart's Synopsis:

Vote to concur with Senate amendments and pass a bill that establishes a new electoral crime for distributing election related deep-fakes 90 days prior to elections in Delaware.

Highlights:

• Defines "deep-fake" as synthetic media that shows the candidate saying or acting in a manner that intends to deceive voters or hurt the reputation of another candidate (Sec. 1).

• Specifies that the deep fakes show a person who appears to be real and the deep fake can often contain recordings of things they actually said, but have been altered to give a different impression (Sec. 1).

• Specifies that distributing deep fakes is an unlawful act if the following criteria are met (Sec. 1).

• The deep fake is distributed 90 days before any given election 

• The individual depicted in the deep fake has not consented to its distribution 

• Specifies that providing a disclaimer regarding the use of artificial intelligence is not deemed to be an unlawful act (Sec. 1).

• Requires any spoken disclosures about the technology being used to be spoken in a clear manner and for an interval of no longer than two minutes at a time (Sec. 1).

• Requires individuals who violate the law with deep fake media during elections to be charged with a misdemeanor (Sec. 1).

• Authorizes individuals who are the subject of a deep fake depiction to be able to bring expedited action to the Court of Chancery (Sec. 1).

Full Bill Text