DOVER – The Senate on Thursday passed two bills that would help Delaware address some of the emerging threats posed by new forms of synthetic media made possible by recent advancements in artificial intelligence.
One bills would protect an individual’s right to privacy and consent, while the other would protect Delaware’s elections from malicious influence.
Both measures specifically relate to “deepfakes,” a term that describes video, images, audio and other forms of media that have been digitally manipulated, typically for malicious purposes, including the spread of disinformation.
Sponsored by Rep. Krista Griffith and Sen. Stephanie Hansen, House Bill 353 would provide civil and criminal remedies for people whose likeness has been used in deepfakes that depict nudity, sexual conduct or other intimate images without their consent.
While deepfake pornography largely entered the public lexicon after deepfake images of Taylor Swift were widely circulated on the internet in early 2024, several states have already passed laws specifically aimed at helping victims of deepfakes involving sexual imagery created without their consent seek justice.
HB 353 would make the intentional creation and distribution of deepfake pornography subject to the same criminal remedies currently available under the Delaware Uniform Civil Remedies for Unauthorized Disclosure of Intimate Images Act, as well as a Class A misdemeanor violation of privacy offense. An adult who creates a deepfake depiction of a minor also would be subject to a felony under HB 353.
“I want to thank Rep. Griffith for her leadership on this issue and my colleagues in the Senate for voting today to support these critical protections for Delawareans who are victimized by this new technology,” Sen. Hansen said. “Having this law on the books will give our neighbors the power to seek justice against those who use these powerful, new tools to create pornography that humiliates and degrades others for their own entertainment, profit or sinister purposes.”
HB 353 now heads to Governor John Carney for his signature.
Sponsored by Rep. Cyndie Romer and Senate Majority Leader Bryan Townsend, House Bill 316 (S) would create legal restrictions on the distribution of deepfake technology used to influence Delaware’s political process within 90 days of an election.
Several instances of deepfake technology being used to spread disinformation about candidates and elections have already been reported throughout the country. Ahead of the 2024 New Hampshire primary, for instance, voters received a fake robocall mimicking President Joe Biden’s voice that discouraged them from heading to the polls.
Under HB 316 (S), distributing election-related deepfakes within 90 days of an election would be considered a class B misdemeanor. Politically motivated deepfakes intended to cause violence or bodily harm would be a class A misdemeanor.
“The rapid advance of deepfakes and other digitally manipulated media should be of great concern to all Delawareans, who may find it increasingly difficult to distinguish between real sound and images, and fraudulent misrepresentations created with the help of artificial intelligence,” Sen. Townsend said.
“That confusion can be especially dangerous for our democracy in bad actors are permitted to dominate the landscape with false representations and doctored media,” he said. “I want to thank Rep. Romer for moving quickly to get ahead of these very real threats and I want to thank my Senate colleagues for approving strong penalties for anyone who attempts to use AI to hijack our elections.”
An amended version of HB 316 (S) passed by the Senate now heads back to the House for final consideration.
The Senate’s passage of HB 353 and HB 316 comes just days after both chambers of the Delaware General Assembly unanimously passed House Bill 333 to crate the Delaware Artificial Intelligence Commission, a body of experts and legislators who will play a crucial role in helping the First State prepare for ways that AI may impact employment, transportation, education and other facets of our lives in the years to come.
HB 333 now heads to Governor Carney for his signature.
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