HB4933 103RD GENERAL ASSEMBLY

LRB103 39329 JRC 69487 b

103RD GENERAL ASSEMBLY
State of Illinois
2023 and 2024
HB4933

Introduced 2/7/2024, 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.

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 in Politics Act.

Section 5. Definitions. As used in this Act:

"Digital forgery" means any audio or visual material that has been created, materially manipulated, altered, or annotated to appear to be a realistic record of an act, speech, conduct, absence, or appearance of an individual that a reasonable person would incorrectly believe to be a true depiction of that individual and that falsely depicts an individual engaged in speech or conduct in which the depicted individual did not engage.

"Regular election" has the meaning given to that term in Section 1-3 of the Election Code.

Section 10. Civil action.

(a) An individual depicted in a digital forgery who is a resident of Illinois and who is a candidate for office in this State has a course of action against any person who knowingly distributes or enter 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.

(b) This Section does not apply to digitally manipulated audiovisual material that includes a clear and conspicuous disclaimer informing the viewer or listener that the media has been manipulated by technical means and depicts speech or conduct that did not occur. The following disclaimer is sufficient, but not necessary, to satisfy the requirements under this paragraph: "This (image, audio, or video) has been manipulated by technical means and depicts speech or conduct that did not occur.".

The court shall consider the following factors in determining whether the disclaimer was clear and conspicuous:

(1) if the media is a video, includes a disclaimer that shall:

(A) appear throughout the entirety of the video;

(B) be clearly visible to and readable by an observer;

(C) be in letters at least as large as the majority of any text communication, or if there is no other text communication, in a size that is easily readable by the average viewer; and

(D) be in the same language as the language used in the video media;

(2) if the media consists only of audio and contains no image or video, includes a disclaimer that is read at the beginning and end of the media in a clearly spoken manner, in a pitch that can be easily heard by the average listener, and in the same language as the audio media;

(3) if the media is an image, includes a disclaimer that:

(A) is clearly visible to and readable by the average viewer;

(B) if the media contains other text, is in letters at least as large as the majority of the other text; and

(C) is in the same language as the language used in the image media; and

(4) if the media was generated by editing an existing image, audio, or video, includes a citation directing the viewer or listener to the original source from which the unedited version of the existing image, audio, or video was obtained.

Section 15. Remedies.

(a) A court in which an action is brought under this Act, on the motion of a party, may issue a temporary restraining order, preliminary injunction, or permanent injunction ordering the defendant to cease the display or distribution of the digital forgery.

(b) A prevailing plaintiff may additionally be awarded:

(1) the greater of:

(A) economic and noneconomic damages proximately caused by the creation or distribution of the digital forgery; or

(B) statutory damages not to exceed $10,000 against each defendant found liable under this Act for each instance that individual distributed the media or for each instance the media was distributed under an agreement made to distribute the media;

(2) punitive damages; or

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

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

Section 97. Severability. The provisions of this Act are severable under Section 1.31 of the Statute on Statutes.