Privacy Law Library

Use of Deep Fake Technology to Influence an Election

DE Election Deep Fake Law

Artificial intelligence

Makes it a crime to knowingly distribute an AI-generated or digitally manipulated deep fake of a candidate or party within 90 days before an election without the depicted person's consent, unless the media carries a prescribed disclosure that it was altered or artificially generated.

Where
Delaware
Citation
15 Del. C. § 5145
Status
In force
In force since
2024-10-09
Enforced by
Criminal prosecution by the State; depicted candidates may sue in the Court of Chancery (5145(f)-(g))
People can sue
Limited
Penalties
Class B misdemeanor, or class A misdemeanor if intended to cause violence or bodily harm or after a prior conviction within 5 years (5145(f)); a depicted candidate may obtain expedited injunctive relief, damages, and attorney fees (5145(g)).
Applies to
  • Any person who distributes, or contracts to distribute, a deep fake of a candidate or political party within 90 days before an election (5145(b))
  • Broadcasters, websites, and periodicals are exempt for bona fide news coverage with an authenticity disclaimer; satire and parody are exempt; interactive computer services are not liable for others' content (5145(d)-(e))

What a privacy notice must say

  • Synthetic media of a candidate distributed within 90 days before an election must carry the disclosure 'This (image/video/audio) has been altered or artificially generated,' in readable type for the full video or spoken at set intervals for audio.15 Del. C. § 5145(c) · Only if: Distribution without the depicted individual's consent

Practices it requires

  • Do not knowingly distribute an undisclosed deep fake of a candidate or party within 90 days before an election without the depicted individual's consent.15 Del. C. § 5145(b)

Sources

Checked against these sources on 2026-09-25 by research agent (Claude), primary sources.

Unverified: Effective date uses the approval date of 84 Del. Laws c. 487; a separate effective-date clause was not confirmed.

Research reference, not legal advice.