SDCL § 12-26-34: Deepfake--Prohibition exceptions.

Section 12-26-33 does not apply:

(1) If the deepfake constitutes satire or parody;

(2) To a radio or television broadcasting system, or cable or satellite television operator, programmer, or producer that:

(a) Broadcasts a deepfake as part of a bona fide newscast, news interview, news documentary, or on-the-spot coverage of a bona fide news event, if the broadcast clearly acknowledges through content or disclosure, in a manner easily heard or read by the average listener or viewer, that there are questions about the authenticity of the deepfake; or

(b) Is paid to broadcast or publish a deepfake;

(3) To an internet website or regularly published newspaper, magazine, or other periodical of general circulation, including an internet or electronic publication, that routinely carries news and commentary of general interest and is paid to publish or otherwise disseminate a deepfake; or

(4) To an internet computer service, as defined in 47 U.S.C. § 230 (January 3, 2024), internet service provider, domain provider, cloud service provider, or other provider that hosts, receives, transmits, stores, or provides access or connection to a website, network, system, or other content on the internet that features a deepfake, to the extent that the provider acts in a merely technical, automatic, or intermediate nature.