Illinois 2023-2024 Regular Session

Illinois House Bill HB4933 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 HB4933 Introduced , by Rep. Jennifer Gong-Gershowitz SYNOPSIS AS INTRODUCED: New Act Creates the Digital Forgeries in Politics Act. Provides that an individual depicted in a digital forgery who is an Illinois resident and a candidate for office in this State has a cause of action against any person who knowingly distributes, or enters into an agreement with another person to distribute, a digital forgery if: (1) the distribution occurs within 90 days before a regular election; and (2) the distribution is reasonably likely to harm the reputation or electoral prospects of a candidate in an election. Sets forth exceptions. Allows a court to issue a temporary restraining order, preliminary injunction, or permanent injunction ordering the defendant to cease the display or distribution of the digital forgery. Includes additional awards to a prevailing plaintiff. LRB103 39329 JRC 69487 b A BILL FOR 103RD GENERAL ASSEMBLY State of Illinois 2023 and 2024 HB4933 Introduced , by Rep. Jennifer Gong-Gershowitz SYNOPSIS AS INTRODUCED: New Act New Act Creates the Digital Forgeries in Politics Act. Provides that an individual depicted in a digital forgery who is an Illinois resident and a candidate for office in this State has a cause of action against any person who knowingly distributes, or enters into an agreement with another person to distribute, a digital forgery if: (1) the distribution occurs within 90 days before a regular election; and (2) the distribution is reasonably likely to harm the reputation or electoral prospects of a candidate in an election. Sets forth exceptions. Allows a court to issue a temporary restraining order, preliminary injunction, or permanent injunction ordering the defendant to cease the display or distribution of the digital forgery. Includes additional awards to a prevailing plaintiff. LRB103 39329 JRC 69487 b LRB103 39329 JRC 69487 b A BILL FOR
2	2	103RD GENERAL ASSEMBLY State of Illinois 2023 and 2024 HB4933 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 in Politics Act. Provides that an individual depicted in a digital forgery who is an Illinois resident and a candidate for office in this State has a cause of action against any person who knowingly distributes, or enters into an agreement with another person to distribute, a digital forgery if: (1) the distribution occurs within 90 days before a regular election; and (2) the distribution is reasonably likely to harm the reputation or electoral prospects of a candidate in an election. Sets forth exceptions. Allows a court to issue a temporary restraining order, preliminary injunction, or permanent injunction ordering the defendant to cease the display or distribution of the digital forgery. Includes additional awards to a prevailing plaintiff.
6	6	LRB103 39329 JRC 69487 b LRB103 39329 JRC 69487 b
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8	8	A BILL FOR
9	9	HB4933LRB103 39329 JRC 69487 b HB4933 LRB103 39329 JRC 69487 b
10	10	HB4933 LRB103 39329 JRC 69487 b
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 in Politics Act.
16	16	6 Section 5. Definitions. As used in this Act:
17	17	7 "Digital forgery" means any audio or visual material that
18	18	8 has been created, materially manipulated, altered, or
19	19	9 annotated to appear to be a realistic record of an act, speech,
20	20	10 conduct, absence, or appearance of an individual that a
21	21	11 reasonable person would incorrectly believe to be a true
22	22	12 depiction of that individual and that falsely depicts an
23	23	13 individual engaged in speech or conduct in which the depicted
24	24	14 individual did not engage.
25	25	15 "Regular election" has the meaning given to that term in
26	26	16 Section 1-3 of the Election Code.
27	27	17 Section 10. Civil action.
28	28	18 (a) An individual depicted in a digital forgery who is a
29	29	19 resident of Illinois and who is a candidate for office in this
30	30	20 State has a course of action against any person who knowingly
31	31	21 distributes or enter into an agreement with another person to
32	32	22 distribute a digital forgery if:.
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36	36	103RD GENERAL ASSEMBLY State of Illinois 2023 and 2024 HB4933 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 in Politics Act. Provides that an individual depicted in a digital forgery who is an Illinois resident and a candidate for office in this State has a cause of action against any person who knowingly distributes, or enters into an agreement with another person to distribute, a digital forgery if: (1) the distribution occurs within 90 days before a regular election; and (2) the distribution is reasonably likely to harm the reputation or electoral prospects of a candidate in an election. Sets forth exceptions. Allows a court to issue a temporary restraining order, preliminary injunction, or permanent injunction ordering the defendant to cease the display or distribution of the digital forgery. Includes additional awards to a prevailing plaintiff.
40	40	LRB103 39329 JRC 69487 b LRB103 39329 JRC 69487 b
41	41	LRB103 39329 JRC 69487 b
42	42	A BILL FOR
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48	48	New Act
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67	67	1 (1) the distribution occurs within 90 days before a
68	68	2 regular election; and
69	69	3 (2) the distribution is reasonably likely to harm the
70	70	4 reputation or electoral prospects of a candidate in an
71	71	5 election.
72	72	6 (b) This Section does not apply to digitally manipulated
73	73	7 audiovisual material that includes a clear and conspicuous
74	74	8 disclaimer informing the viewer or listener that the media has
75	75	9 been manipulated by technical means and depicts speech or
76	76	10 conduct that did not occur. The following disclaimer is
77	77	11 sufficient, but not necessary, to satisfy the requirements
78	78	12 under this paragraph: "This (image, audio, or video) has been
79	79	13 manipulated by technical means and depicts speech or conduct
80	80	14 that did not occur.".
81	81	15 The court shall consider the following factors in
82	82	16 determining whether the disclaimer was clear and conspicuous:
83	83	17 (1) if the media is a video, includes a disclaimer
84	84	18 that shall:
85	85	19 (A) appear throughout the entirety of the video;
86	86	20 (B) be clearly visible to and readable by an
87	87	21 observer;
88	88	22 (C) be in letters at least as large as the majority
89	89	23 of any text communication, or if there is no other text
90	90	24 communication, in a size that is easily readable by
91	91	25 the average viewer; and
92	92	26 (D) be in the same language as the language used in
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103	103	1 the video media;
104	104	2 (2) if the media consists only of audio and contains
105	105	3 no image or video, includes a disclaimer that is read at
106	106	4 the beginning and end of the media in a clearly spoken
107	107	5 manner, in a pitch that can be easily heard by the average
108	108	6 listener, and in the same language as the audio media;
109	109	7 (3) if the media is an image, includes a disclaimer
110	110	8 that:
111	111	9 (A) is clearly visible to and readable by the
112	112	10 average viewer;
113	113	11 (B) if the media contains other text, is in
114	114	12 letters at least as large as the majority of the other
115	115	13 text; and
116	116	14 (C) is in the same language as the language used in
117	117	15 the image media; and
118	118	16 (4) if the media was generated by editing an existing
119	119	17 image, audio, or video, includes a citation directing the
120	120	18 viewer or listener to the original source from which the
121	121	19 unedited version of the existing image, audio, or video
122	122	20 was obtained.
123	123	21 Section 15. Remedies.
124	124	22 (a) A court in which an action is brought under this Act,
125	125	23 on the motion of a party, may issue a temporary restraining
126	126	24 order, preliminary injunction, or permanent injunction
127	127	25 ordering the defendant to cease the display or distribution of
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138	138	1 the digital forgery.
139	139	2 (b) A prevailing plaintiff may additionally be awarded:
140	140	3 (1) the greater of:
141	141	4 (A) economic and noneconomic damages proximately
142	142	5 caused by the creation or distribution of the digital
143	143	6 forgery; or
144	144	7 (B) statutory damages not to exceed $10,000
145	145	8 against each defendant found liable under this Act for
146	146	9 each instance that individual distributed the media or
147	147	10 for each instance the media was distributed under an
148	148	11 agreement made to distribute the media;
149	149	12 (2) punitive damages; or
150	150	13 (3) the costs of the action, including reasonable
151	151	14 attorney's fees and other reasonable litigation costs.
152	152	15 (c) This Act does not affect a right or remedy available
153	153	16 under any other law of this State.
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