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.


LRB103 37540 JRC 67664 b

 

 

A BILL FOR

 

HB4763LRB103 37540 JRC 67664 b

1    AN ACT concerning civil law.
 
2    Be it enacted by the People of the State of Illinois,
3represented in the General Assembly:
 
4    Section 1. Short title. This Act may be cited as the
5Digital Forgeries Act.
 
6    Section 5. Definitions. As used in this Act:
7    "Artificial intelligence" means a machine-based system
8that can make predictions, recommendations, or decisions
9influencing real or virtual environments for a given set of
10human-defined objectives
11    "Digital forgery" means any audio or visual material that
12has been created, materially manipulated, altered, or
13annotated, through the use of artificial intelligence, to
14appear to be a realistic record of an act, speech, conduct,
15absence, or appearance of an individual.
16    "Official proceeding" includes any federal, State, local,
17tribal, administrative adjudication, election, or rulemaking
18proceeding.
 
19    Section 10. Civil action.
20    (a) An individual depicted in a digital forgery has a
21cause of action against any person who, without the consent of
22the depicted individual, knowingly distributes a digital

 

 

HB4763- 2 -LRB103 37540 JRC 67664 b

1forgery, creates a digital forgery with intent to distribute,
2or solicits the creation of a digital forgery with the intent
3to distribute:
4        (1) in order to harass, extort, threaten, or cause
5    physical, emotional, reputational, or economic harm to an
6    individual falsely depicted;
7        (2) with reckless disregard for whether such a
8    creation, distribution, reproduction, or manipulation will
9    cause physical, emotional, reputational, or economic harm
10    to an individual falsely depicted; or
11        (3) in order to incite violence or interfere with an
12    official proceeding.
13    (b) This Section does not apply to a digital forgery that
14is clearly and conspicuously identified to make clear to a
15reasonable person that the audiovisual material was created
16through the use of artificial intelligence, or is not an
17authentic record of an act, a statement, or the conduct,
18absence, or presence of an individual, such as parody or
19satire, unless the material appears to be a sexual image as
20defined in subsection (14) of Section 5 of the Civil Remedies
21for Nonconsensual Dissemination of Private Sexual Images Act.
22    (c) A depicted individual's consent to the creation of a
23digital forgery shall not alone establish consent to the
24distribution of that digital forgery, nor shall consent to
25previous disclosure of a digital forgery alone establish that
26the depicted individual consented to subsequent disclosures.
 

 

 

HB4763- 3 -LRB103 37540 JRC 67664 b

1    Section 15. Remedies.
2    (a) Under this Act, a prevailing plaintiff may be awarded:
3        (1) The greater of:
4            (A) economic and noneconomic damages proximately
5        caused by the creation or distribution of the digital
6        forgery, including damages for emotional distress
7        regardless of whether they are accompanied by other
8        damages; or
9            (B) statutory damages not to exceed $10,000
10        against each defendant found liable under this Act for
11        all disclosures and threatened disclosures by the
12        defendant of which the plaintiff knew or reasonably
13        should have known when filing the action or that
14        became known during the pendency of the action.
15        (2) An amount equal to any monetary gain made by the
16    defendant from the creation, distribution, or solicitation
17    of creation of the digital forgery.
18        (3) Punitive damages.
19        (4) The costs of the action, including reasonable
20    attorney's fees and other reasonable litigation costs.
21        (5) Additional relief, including equitable relief,
22    such as a temporary restraining order, a preliminary
23    injunction, or a permanent injunction ordering the
24    defendant to cease the display or disclosure of the
25    digital forgery.

 

 

HB4763- 4 -LRB103 37540 JRC 67664 b

1    (b) This Act does not affect a right or remedy available
2under any other law of this State.
 
3    Section 20. Preservation of anonymity. In ordering relief
4under this Act, the court may grant injunctive relief
5maintaining the confidentiality of a plaintiff using a
6pseudonym.
 
7    Section 25. Severability. The provisions of this Act are
8severable under Section 1.31 of the Statute on Statutes.