Digital Readiness · Deepfakes

Where the law has caught up — and where it hasn't.

Every U.S. state, mapped against the topics moving fastest at the legislature. Click any state for the law and where enforcement actually stands.

Deepfakes

Delaware

Specific rule in effect.Trending toward more guardrails.

Effective 2024-10-09 · 9 October 2024Next review by 2026-08-06 · 6 August 2026

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Sources

legis.delaware.govDelaware HB 316 (House Substitute 1) — Deep Fakes in Elections, signed 10/9/24

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.

How this was scored →

Public-source posture estimateNot legal adviceMap regenerated2026-05-08 · 8 May 2026