S.D. Codified Laws § 12-26-37 (2026)
It is an affirmative defense for any action brought pursuant to §§ 12-26-32 to 12-26-37, inclusive, that the deepfake includes a disclosure stating: "This (image/video/audio) has been manipulated or generated by artificial intelligence." For an image or video recording, the text of the disclosure must appear in a size that is easily readable by the average viewer and no smaller than the largest font size of other text appearing in the image or video recording. The disclosure must be superimposed over each deepfake. For an audio recording, the disclosure must be read in a clearly spoken manner and in a pitch that is easily heard by the average listener at the beginning and end of the audio recording.
Source: SL 2025, ch 68 , § 6.