If enacted, HB4644 would make it illegal for individuals to distribute or facilitate the distribution of these deceptive media types within 90 days before an election. To enforce this, the bill establishes clear criteria: knowledge of the media's deceptiveness, intent to harm a candidate's reputation, and a likelihood of influencing voters’ behavior. Violators could be subject to penalties ranging from Class C misdemeanors to Class 3 felonies depending on the severity and context of the violation, particularly if malicious intent to cause harm can be proven.
Summary
House Bill 4644, introduced by Rep. Abdelnasser Rashid, aims to amend the Illinois Election Code to address the distribution of materially deceptive media, particularly in the context of political campaigns. The bill specifically targets the use of 'deepfakes'—digitally altered content that misrepresents an individual’s conduct or speech with the intent to harm a candidate's reputation or electoral prospects. This legislation is a response to growing concerns about the impact of misinformation on voter perception and election outcomes.
Contention
While supporters believe that the bill is necessary to ensure fair electoral practices and protect candidates from manipulation, critics may argue it poses a risk to free speech and could be used to suppress legitimate political discourse or media criticism. Additionally, legislative discussions may reveal concerns about the practical implications of proving intent and the potential for misuse of the law against media outlets or citizens expressing legitimate viewpoints. The bill sets out exceptions for certain types of content, including bona fide news coverage, further complicating enforcement.
Exceptions
The bill outlines specific exceptions where distribution would not violate the provisions, such as if a disclaimer is included indicating that the media has been altered. Moreover, it exempts certain forms of media like satire or parody, as well as content produced by established news organizations when proper disclosures are made. This nuance is intended to balance the need for candidate protection with the necessity to safeguard journalistic integrity and free expression.
Elections: offenses; penalties for distributing materially deceptive media; provide for, and provide procedure for enjoining materially deceptive media. Amends 1954 PA 116 (MCL 168.1 - 168.992) by adding sec. 932f.