State Senate: Democratic majority
State House: Democratic majority
Governor: John Carney (D)
Attorney General: Kathy Jennings (D)

Summary:

A small, longtime Democratic state and home of Joe Biden, Delaware has considered and passed many bills as other states, including recent bills limiting the use of generative AI and ‘deepfakes’ in elections and sexual material.

Key Policymakers:

• Rep. Cyndie Romer [D, Rep. Valerie Longhurst, Rep. Krista Griffith [D], Rep. William Bush [D], and Rep. Sherry Dorsey Walker [D] 

Legislative Activity:

HB 316: Creates a new election crime: use of deep fake technology to influence an election. Under this statute it would be a crime to distribute within 90 days of an election a deep fake that is an audio or visual depiction that has been manipulated or created with generative adversarial network techniques, with the intent of harming a party or candidate or otherwise deceiving voters. It is not a crime, nor is there a penalty, if the altered media contains a disclaimer stating “This audio/video/image has been altered or artificially generated.” There is also provision for civil injunctive relief for a candidate depicted in a deep fake. There are various exceptions to protect speech, expression, and media rights. A violation of this statute is a class B misdemeanor unless the deepfake is intended to cause violence or bodily harm, in which case it is a class A misdemeanor, or if it is a repeat offense within 5 years, in which case it is a class E felony. Introduced by Rep. Cyndie Romer [D] and Rep. Valerie Longhurst [D] in March 2024. Passed both chambers nearly unanimously in June 2024 and awaits the governor’s signature. 

HB 353: Provides civil and criminal remedies for the wrongful disclosure of deep fakes that depict individuals in the nude or engaging in sexual conduct. Introduced by Rep. Krista Griffith [D], Rep. William Bush [D], and Rep. Sherry Dorsey Walker [D] in March 2024, passed the House unanimously in May, and the Senate unanimously in June. Now awaits the governor’s signature. 

SB 312: This Act adopts the Uniform Public Expression Protection Act (“the Act”) authored by the Uniform Law Commission. The Uniform Law Commission provides states with non-partisan legislation that brings clarity and stability to critical areas of state statutory law. The Act was adopted by the Uniform Law Commission in October 2020 and has been adopted in 7 states, including New Jersey, and is currently pending in 9 states, including Pennsylvania. The Act protects the public’s right to engage in activities protected by the First Amendment without abusive, expensive legal retaliation. Specifically, the Act combats the problem of strategic lawsuits against public participation, also called “SLAPPs.” A SLAPP may come in the form of a defamation, invasion of privacy, nuisance, or other claim, but its real goal is to entangle the defendant of a SLAPP in expensive litigation and stifle the ability to engage in constitutionally protected activities. Introduced by Sen. Kyle Gay [D] and Sen. Bryant Richardson [R] in May 2024 but has not yet received a vote.

SCR 178: This Senate Concurrent Resolution designates October 21-27, 2024, as “Free Speech Week” in the State of Delaware. Introduced by Sen. Eric Buckson [R], passed the Senate unanimously and the House by a voice vote in June 2024.

Legal Actions:

None