Illinois 2023-2024 Regular Session

Illinois Senate Bill SB0382

Introduced
2/2/23  
Refer
2/2/23  
Refer
3/2/23  
Report Pass
3/9/23  
Engrossed
10/25/23  
Refer
11/1/23  
Refer
11/1/23  
Report Pass
11/7/23  
Enrolled
11/8/23  
Chaptered
12/8/23  

Caption

CIVIL LAW-TECH

Impact

The proposed amendments have substantial implications for state laws surrounding privacy and consent. By fortifying the definitions and legal standing regarding nonconsensual dissemination of sexual images, SB0382 aims to provide more specific civil remedies for victims. The legislation introduces exceptions to liability under certain conditions, such as when dissemination is made in good faith by law enforcement or related to public concerns. These provisions mark a significant stride toward addressing the challenges of digital privacy and consent in Illinois, aligning state laws with evolving societal norms regarding personal privacy and protection against harmful dissemination of images.

Summary

SB0382, titled the Civil Remedies for Nonconsensual Dissemination of Private Sexual Images Act, seeks to amend existing laws concerning the unauthorized sharing of private sexual images. The bill defines key terms related to the subject, such as 'child,' 'consent,' 'depicted individual,' and 'dissemination.' It aims to strengthen protections for individuals, particularly emphasizing the significance of consent in the distribution of private sexual images. This legislation is particularly relevant in the digital age, where private images can be shared widely and without the consent of those depicted, potentially leading to significant emotional distress.

Sentiment

General sentiment around SB0382 seems to be supportive, particularly among advocates for digital privacy rights and victims' protection. Supporters argue the need for robust protections against the dissemination of private sexual images without consent, highlighting past failures to adequately protect individuals from such invasions of privacy. There is a recognition among stakeholders that clarifying liability exceptions and establishing clear definitions will aid in prosecuting offenders and providing relief for victims. Nevertheless, some concerns may arise regarding the enforcement of these provisions and the balance between protecting privacy and allowing for legitimate dissemination in specific situations.

Contention

Notable points of contention may center around the exceptions to liability established in the bill. While the aim is to protect individuals, critics might argue that the provisions could be abused or lead to ambiguous interpretations in cases involving public figures or matters regarded as public concern. The bill's detailed definitions and stipulations stand to be scrutinized, especially regarding who qualifies for protection under the law and under what conditions exceptions are valid. As societal norms evolve, ongoing discussions could further shape how such legislation is perceived and implemented.

Companion Bills

No companion bills found.

Similar Bills

MI HB5569

Civil procedure: civil actions; cause of action for media that falsely depicts an individual engaging in sexual conduct; provide for. Creates new act.

MI HB4047

Civil procedure: civil actions; cause of action for media that falsely depicts an individual engaging in sexual conduct; provide for. Creates new act.

IL HB2123

DIGITAL FORGERIES ACT

AZ SB1336

Deepfake recordings or images

CA AB1475

Law enforcement: social media.

NJ A2430

Imposes certain duties on persons or entities engaged in business pertaining to criminal records and imposes penalties for disseminating expunged record; increases maximum fine for current disorderly persons offense.

SC H3058

Disclosure of Intimate Images

CA AB994

Law enforcement: social media.