DE HB316 | 2023-2024 | 152nd General Assembly
Status
Completed Legislative Action
Spectrum: Moderate Partisan Bill (Democrat 8-2)
Status: Passed on October 9 2024 - 100% progression
Action: 2024-10-09 - Signed by Governor
Text: Latest bill text (Engrossed) [HTML]
Spectrum: Moderate Partisan Bill (Democrat 8-2)
Status: Passed on October 9 2024 - 100% progression
Action: 2024-10-09 - Signed by Governor
Text: Latest bill text (Engrossed) [HTML]
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 ยง 5101 of Title 15, all offenses under this section are heard in Superior Court.
Title
An Act To Amend Title 15 Of The Delaware Code Relating To Deep Fakes In Elections.
Sponsors
Roll Calls
2024-06-30 - House - House Third Reading (Y: 40 N: 1 NV: 0 Abs: 0) [PASS]
2024-06-27 - Senate - Senate Third Reading (Y: 21 N: 0 NV: 0 Abs: 0) [PASS]
2024-05-09 - House - House Third Reading (Y: 37 N: 0 NV: 2 Abs: 2) [PASS]
2024-06-27 - Senate - Senate Third Reading (Y: 21 N: 0 NV: 0 Abs: 0) [PASS]
2024-05-09 - House - House Third Reading (Y: 37 N: 0 NV: 2 Abs: 2) [PASS]
History
| Date | Chamber | Action |
|---|---|---|
| 2024-10-09 | Signed by Governor | |
| 2024-06-30 | Passed By House. Votes: 40 YES 1 NO | |
| 2024-06-27 | Passed By Senate. Votes: 21 YES | |
| 2024-06-27 | Amendment SA 1 to HS 1 - Passed By Senate. Votes: 21 YES | |
| 2024-06-26 | Amendment SA 1 to HS 1 - Introduced and Placed With Bill | |
| 2024-06-12 | Reported Out of Committee (Elections & Government Affairs) in Senate with 7 On Its Merits | |
| 2024-05-09 | Assigned to Elections & Government Affairs Committee in Senate | |
| 2024-05-09 | Passed By House. Votes: 37 YES 2 NOT VOTING 2 ABSENT | |
| 2024-05-09 | Amendment HA 2 to HS 1 - Passed In House by Voice Vote | |
| 2024-05-09 | Amendment HA 1 to HS 1 - Passed In House by Voice Vote | |
| 2024-05-09 | Amendment HA 2 to HS 1 - Introduced and Placed With Bill | |
| 2024-04-24 | Reported Out of Committee (Administration) in House with 5 On Its Merits | |
| 2024-04-16 | Amendment HA 1 to HS 1 - Introduced and Placed With Bill | |
| 2024-03-21 | Adopted in lieu of the original bill HB 316, and Assigned to Administration Committee in House |
