HB4763 103RD GENERAL ASSEMBLY

LRB103 37540 JRC 67664 b

103RD GENERAL ASSEMBLY
State of Illinois
2023 and 2024
HB4763

Introduced 2/6/2024, 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.

A BILL FOR

AN ACT concerning civil law.

Be it enacted by the People of the State of Illinois, represented in the General Assembly:

Section 1. Short title. This Act may be cited as the Digital Forgeries Act.

Section 5. Definitions. As used in this Act:

"Artificial intelligence" means a machine-based system that can make predictions, recommendations, or decisions influencing real or virtual environments for a given set of human-defined objectives

"Digital forgery" means any audio or visual material that has been created, materially manipulated, altered, or annotated, through the use of artificial intelligence, to appear to be a realistic record of an act, speech, conduct, absence, or appearance of an individual.

"Official proceeding" includes any federal, State, local, tribal, administrative adjudication, election, or rulemaking proceeding.

Section 10. Civil action.

(a) 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:

(1) in order to harass, extort, threaten, or cause physical, emotional, reputational, or economic harm to an individual falsely depicted;

(2) 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

(3) in order to incite violence or interfere with an official proceeding.

(b) This Section 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 subsection (14) of Section 5 of the Civil Remedies for Nonconsensual Dissemination of Private Sexual Images Act.

(c) 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.

Section 15. Remedies.

(a) Under this Act, a prevailing plaintiff may be awarded:

(1) The greater of:

(A) economic and noneconomic damages proximately caused by the creation or distribution of the digital forgery, including damages for emotional distress regardless of whether they are accompanied by other damages; or

(B) statutory damages not to exceed $10,000 against each defendant found liable under this Act for all disclosures and threatened disclosures by the defendant of which the plaintiff knew or reasonably should have known when filing the action or that became known during the pendency of the action.

(2) An amount equal to any monetary gain made by the defendant from the creation, distribution, or solicitation of creation of the digital forgery.

(3) Punitive damages.

(4) The costs of the action, including reasonable attorney's fees and other reasonable litigation costs.

(5) Additional relief, including equitable relief, such as a temporary restraining order, a preliminary injunction, or a permanent injunction ordering the defendant to cease the display or disclosure of the digital forgery.

(b) This Act does not affect a right or remedy available under any other law of this State.

Section 20. Preservation of anonymity. In ordering relief under this Act, the court may grant injunctive relief maintaining the confidentiality of a plaintiff using a pseudonym.

Section 25. Severability. The provisions of this Act are severable under Section 1.31 of the Statute on Statutes.