DELAWARE- A bill now heads to the Delaware House of Representatives that aims to protect against the use of deep fake technology in elections. House Substitute 1 for House Bill 316 makes it a crime to release deep fake audio or visual depictions within 90 days of an election if the intent is to deceive voters or harm a party or candidate. According to the General Assembly, This offense is categorized as a class B misdemeanor. Still, it can escalate to a class A misdemeanor if it intends to cause violence or bodily harm. The General Assembly says the crime could result in a class E felony for repeat offenses within five years. However, the law does provide for disclaimers to be used, which exempts the creator from criminal charges.
In addition to criminal penalties, the bill also offers civil injunctive relief for candidates depicted in deep fakes. According to the General Assembly, the law includes several exceptions to protect free speech, media rights, and expression. The bill addresses concerns related to mobile applications, internet websites, and streaming platforms. It also ensures that the law does not impede efforts to detect and prevent illegal activities such as identity theft and fraud. As technology advances, measures like this one could become essential in pivotal government procedures such as elections.