Deepfakes Heatmap

Legislative Tracker
Audience
Timeframe
United States law heatmapInteractive map of U.S. states colored by the parent-facing legal posture for the selected topic.

Deepfakes

Delaware

Specific rule in effect.Trending toward more guardrails.
Effective October 9, 2024Next review by August 6, 2026

Sources

Why this status

Delaware House Substitute 1 for HB 316 has been on the books since October 9, 2024. The law makes it a crime to distribute manipulated or AI-generated audio or video of a candidate within 90 days of an election when done with intent to deceive voters or cause harm — unless the content carries a clear AI-generated disclaimer.

What this means

  • The rule is narrow on purpose — the criminal trigger is election-window distribution within 90 days of the vote, with intent to deceive. It doesn't reach deepfakes in everyday family or school contexts.
  • A candidate depicted in a qualifying deepfake can ask a court to stop the distribution — that injunctive path is what the statute writes alongside the criminal offense.
  • A clear, on-the-content disclaimer that the media is AI-generated is treated as a defense — that single label is what shifts a piece of media from likely-prohibited to likely-protected.

What to verify next

  • Read HB 316 (House Substitute 1) on the Delaware General Assembly's bill page for the exact disclaimer language and the 90-day window definition.
  • If you're concerned about a deepfake outside an election context, this Delaware law isn't the relevant rule. Federal protections (intimate-image, fraud) and the platform's own content policy are where to look.
High confidenceLast reviewed October 9, 2024