Illinois 2023-2024 Regular Session

Illinois House Bill HB4763 Compare Versions

Only one version of the bill is available at this time.

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1	1	103RD GENERAL ASSEMBLY State of Illinois 2023 and 2024 HB4763 Introduced , by Rep. Jennifer Gong-Gershowitz SYNOPSIS AS INTRODUCED: New Act Creates the Digital Forgeries Act. Provides that an individual depicted in a digital forgery has a cause of action against any person who, without the consent of the depicted individual, knowingly distributes a digital forgery, creates a digital forgery with intent to distribute, or solicits the creation of a digital forgery with the intent to distribute: (i) in order to harass, extort, threaten, or cause physical, emotional, reputational, or economic harm to an individual falsely depicted; (ii) with reckless disregard for whether such a creation, distribution, reproduction, or manipulation will cause physical, emotional, reputational, or economic harm to an individual falsely depicted; or (iii) in order to incite violence or interfere with an official proceeding. Provides that the Act does not apply to a digital forgery that is clearly and conspicuously identified to make clear to a reasonable person that the audiovisual material was created through the use of artificial intelligence, or is not an authentic record of an act, a statement, or the conduct, absence, or presence of an individual, such as parody or satire, unless the material appears to be a sexual image as defined in the Civil Remedies for Nonconsensual Dissemination of Private Sexual Images Act. Provides that a depicted individual's consent to the creation of a digital forgery shall not alone establish consent to the distribution of that digital forgery, nor shall consent to previous disclosure of a digital forgery alone establish that the depicted individual consented to subsequent disclosures. Allows a prevailing plaintiff to be awarded damages, costs, and additional relief. Allows the court to grant injunctive relief maintaining the confidentiality of a plaintiff using a pseudonym. LRB103 37540 JRC 67664 b A BILL FOR 103RD GENERAL ASSEMBLY State of Illinois 2023 and 2024 HB4763 Introduced , by Rep. Jennifer Gong-Gershowitz SYNOPSIS AS INTRODUCED: New Act New Act Creates the Digital Forgeries Act. Provides that an individual depicted in a digital forgery has a cause of action against any person who, without the consent of the depicted individual, knowingly distributes a digital forgery, creates a digital forgery with intent to distribute, or solicits the creation of a digital forgery with the intent to distribute: (i) in order to harass, extort, threaten, or cause physical, emotional, reputational, or economic harm to an individual falsely depicted; (ii) with reckless disregard for whether such a creation, distribution, reproduction, or manipulation will cause physical, emotional, reputational, or economic harm to an individual falsely depicted; or (iii) in order to incite violence or interfere with an official proceeding. Provides that the Act does not apply to a digital forgery that is clearly and conspicuously identified to make clear to a reasonable person that the audiovisual material was created through the use of artificial intelligence, or is not an authentic record of an act, a statement, or the conduct, absence, or presence of an individual, such as parody or satire, unless the material appears to be a sexual image as defined in the Civil Remedies for Nonconsensual Dissemination of Private Sexual Images Act. Provides that a depicted individual's consent to the creation of a digital forgery shall not alone establish consent to the distribution of that digital forgery, nor shall consent to previous disclosure of a digital forgery alone establish that the depicted individual consented to subsequent disclosures. Allows a prevailing plaintiff to be awarded damages, costs, and additional relief. Allows the court to grant injunctive relief maintaining the confidentiality of a plaintiff using a pseudonym. LRB103 37540 JRC 67664 b LRB103 37540 JRC 67664 b A BILL FOR
2	2	103RD GENERAL ASSEMBLY State of Illinois 2023 and 2024 HB4763 Introduced , by Rep. Jennifer Gong-Gershowitz SYNOPSIS AS INTRODUCED:
3	3	New Act New Act
4	4	New Act
5	5	Creates the Digital Forgeries Act. Provides that an individual depicted in a digital forgery has a cause of action against any person who, without the consent of the depicted individual, knowingly distributes a digital forgery, creates a digital forgery with intent to distribute, or solicits the creation of a digital forgery with the intent to distribute: (i) in order to harass, extort, threaten, or cause physical, emotional, reputational, or economic harm to an individual falsely depicted; (ii) with reckless disregard for whether such a creation, distribution, reproduction, or manipulation will cause physical, emotional, reputational, or economic harm to an individual falsely depicted; or (iii) in order to incite violence or interfere with an official proceeding. Provides that the Act does not apply to a digital forgery that is clearly and conspicuously identified to make clear to a reasonable person that the audiovisual material was created through the use of artificial intelligence, or is not an authentic record of an act, a statement, or the conduct, absence, or presence of an individual, such as parody or satire, unless the material appears to be a sexual image as defined in the Civil Remedies for Nonconsensual Dissemination of Private Sexual Images Act. Provides that a depicted individual's consent to the creation of a digital forgery shall not alone establish consent to the distribution of that digital forgery, nor shall consent to previous disclosure of a digital forgery alone establish that the depicted individual consented to subsequent disclosures. Allows a prevailing plaintiff to be awarded damages, costs, and additional relief. Allows the court to grant injunctive relief maintaining the confidentiality of a plaintiff using a pseudonym.
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8	8	A BILL FOR
9	9	HB4763LRB103 37540 JRC 67664 b HB4763 LRB103 37540 JRC 67664 b
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11	11	1 AN ACT concerning civil law.
12	12	2 Be it enacted by the People of the State of Illinois,
13	13	3 represented in the General Assembly:
14	14	4 Section 1. Short title. This Act may be cited as the
15	15	5 Digital Forgeries Act.
16	16	6 Section 5. Definitions. As used in this Act:
17	17	7 "Artificial intelligence" means a machine-based system
18	18	8 that can make predictions, recommendations, or decisions
19	19	9 influencing real or virtual environments for a given set of
20	20	10 human-defined objectives
21	21	11 "Digital forgery" means any audio or visual material that
22	22	12 has been created, materially manipulated, altered, or
23	23	13 annotated, through the use of artificial intelligence, to
24	24	14 appear to be a realistic record of an act, speech, conduct,
25	25	15 absence, or appearance of an individual.
26	26	16 "Official proceeding" includes any federal, State, local,
27	27	17 tribal, administrative adjudication, election, or rulemaking
28	28	18 proceeding.
29	29	19 Section 10. Civil action.
30	30	20 (a) An individual depicted in a digital forgery has a
31	31	21 cause of action against any person who, without the consent of
32	32	22 the depicted individual, knowingly distributes a digital
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36	36	103RD GENERAL ASSEMBLY State of Illinois 2023 and 2024 HB4763 Introduced , by Rep. Jennifer Gong-Gershowitz SYNOPSIS AS INTRODUCED:
37	37	New Act New Act
38	38	New Act
39	39	Creates the Digital Forgeries Act. Provides that an individual depicted in a digital forgery has a cause of action against any person who, without the consent of the depicted individual, knowingly distributes a digital forgery, creates a digital forgery with intent to distribute, or solicits the creation of a digital forgery with the intent to distribute: (i) in order to harass, extort, threaten, or cause physical, emotional, reputational, or economic harm to an individual falsely depicted; (ii) with reckless disregard for whether such a creation, distribution, reproduction, or manipulation will cause physical, emotional, reputational, or economic harm to an individual falsely depicted; or (iii) in order to incite violence or interfere with an official proceeding. Provides that the Act does not apply to a digital forgery that is clearly and conspicuously identified to make clear to a reasonable person that the audiovisual material was created through the use of artificial intelligence, or is not an authentic record of an act, a statement, or the conduct, absence, or presence of an individual, such as parody or satire, unless the material appears to be a sexual image as defined in the Civil Remedies for Nonconsensual Dissemination of Private Sexual Images Act. Provides that a depicted individual's consent to the creation of a digital forgery shall not alone establish consent to the distribution of that digital forgery, nor shall consent to previous disclosure of a digital forgery alone establish that the depicted individual consented to subsequent disclosures. Allows a prevailing plaintiff to be awarded damages, costs, and additional relief. Allows the court to grant injunctive relief maintaining the confidentiality of a plaintiff using a pseudonym.
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42	42	A BILL FOR
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48	48	New Act
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67	67	1 forgery, creates a digital forgery with intent to distribute,
68	68	2 or solicits the creation of a digital forgery with the intent
69	69	3 to distribute:
70	70	4 (1) in order to harass, extort, threaten, or cause
71	71	5 physical, emotional, reputational, or economic harm to an
72	72	6 individual falsely depicted;
73	73	7 (2) with reckless disregard for whether such a
74	74	8 creation, distribution, reproduction, or manipulation will
75	75	9 cause physical, emotional, reputational, or economic harm
76	76	10 to an individual falsely depicted; or
77	77	11 (3) in order to incite violence or interfere with an
78	78	12 official proceeding.
79	79	13 (b) This Section does not apply to a digital forgery that
80	80	14 is clearly and conspicuously identified to make clear to a
81	81	15 reasonable person that the audiovisual material was created
82	82	16 through the use of artificial intelligence, or is not an
83	83	17 authentic record of an act, a statement, or the conduct,
84	84	18 absence, or presence of an individual, such as parody or
85	85	19 satire, unless the material appears to be a sexual image as
86	86	20 defined in subsection (14) of Section 5 of the Civil Remedies
87	87	21 for Nonconsensual Dissemination of Private Sexual Images Act.
88	88	22 (c) A depicted individual's consent to the creation of a
89	89	23 digital forgery shall not alone establish consent to the
90	90	24 distribution of that digital forgery, nor shall consent to
91	91	25 previous disclosure of a digital forgery alone establish that
92	92	26 the depicted individual consented to subsequent disclosures.
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103	103	1 Section 15. Remedies.
104	104	2 (a) Under this Act, a prevailing plaintiff may be awarded:
105	105	3 (1) The greater of:
106	106	4 (A) economic and noneconomic damages proximately
107	107	5 caused by the creation or distribution of the digital
108	108	6 forgery, including damages for emotional distress
109	109	7 regardless of whether they are accompanied by other
110	110	8 damages; or
111	111	9 (B) statutory damages not to exceed $10,000
112	112	10 against each defendant found liable under this Act for
113	113	11 all disclosures and threatened disclosures by the
114	114	12 defendant of which the plaintiff knew or reasonably
115	115	13 should have known when filing the action or that
116	116	14 became known during the pendency of the action.
117	117	15 (2) An amount equal to any monetary gain made by the
118	118	16 defendant from the creation, distribution, or solicitation
119	119	17 of creation of the digital forgery.
120	120	18 (3) Punitive damages.
121	121	19 (4) The costs of the action, including reasonable
122	122	20 attorney's fees and other reasonable litigation costs.
123	123	21 (5) Additional relief, including equitable relief,
124	124	22 such as a temporary restraining order, a preliminary
125	125	23 injunction, or a permanent injunction ordering the
126	126	24 defendant to cease the display or disclosure of the
127	127	25 digital forgery.
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138	138	1 (b) This Act does not affect a right or remedy available
139	139	2 under any other law of this State.
140	140	3 Section 20. Preservation of anonymity. In ordering relief
141	141	4 under this Act, the court may grant injunctive relief
142	142	5 maintaining the confidentiality of a plaintiff using a
143	143	6 pseudonym.
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