Deepfakes Heatmap
Legislative TrackerDeepfakes
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.