HB4644 103RD GENERAL ASSEMBLY

 


 
103RD GENERAL ASSEMBLY
State of Illinois
2023 and 2024
HB4644

 

Introduced 2/6/2024, by Rep. Abdelnasser Rashid - Maurice A. West, II

 

SYNOPSIS AS INTRODUCED:
 
10 ILCS 5/29-21 new

    Amends the Election Code. Provides that a person shall not distribute, or enter into an agreement with another person to distribute, materially deceptive media if: (1) the person knows the media falsely represents a depicted individual; (2) the distribution occurs within 90 days before an election; (3) the person intends the distribution to harm the reputation or electoral prospects of a candidate in an election and the distribution is reasonably likely to cause that result; and (4) the person intends the distribution to change the voting behavior of electors in an election by deceiving the electors into incorrectly believing that the depicted individual in fact engaged in the speech or conduct depicted, and the distribution is reasonably likely to cause that result. Sets forth exceptions to the provision and penalties for violations of the provision. Effective immediately.


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A BILL FOR

 

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1    AN ACT concerning elections.
 
2    Be it enacted by the People of the State of Illinois,
3represented in the General Assembly:
 
4    Section 5. The Election Code is amended by adding Section
529-21 as follows:
 
6    (10 ILCS 5/29-21 new)
7    Sec. 29-21. Disclosure of digitally altered content.
8    (a) As used in this Section:
9    "Deepfake" means any video recording, motion-picture film,
10sound recording, electronic image, or photograph, or any
11technological representation of speech or conduct
12substantially derivative of any one or more of those forms of
13media:
14        (1) that is so realistic that a reasonable person
15    would believe it depicts speech or conduct of an
16    individual who did not in fact engage in such speech or
17    conduct; and
18        (2) the production of which was substantially
19    dependent upon technical means rather than the ability of
20    another individual to physically or verbally impersonate
21    the depicted individual.
22    "Depicted individual" means an individual in a deepfake
23who appears to be engaging in speech or conduct in which the

 

 

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1individual did not engage.
2    (b) Except as provided in subsection (b), a person shall
3not distribute, or enter into an agreement with another person
4to distribute, materially deceptive media if:
5        (1) the person knows the media falsely represents a
6    depicted individual;
7        (2) the distribution occurs within 90 days before an
8    election;
9        (3) the person intends the distribution to harm the
10    reputation or electoral prospects of a candidate in an
11    election and the distribution is reasonably likely to
12    cause that result; and
13        (4) the person intends the distribution to change the
14    voting behavior of electors in an election by deceiving
15    the electors into incorrectly believing that the depicted
16    individual in fact engaged in the speech or conduct
17    depicted, and the distribution is reasonably likely to
18    cause that result.
19    (c) The prohibition described in subsection (b) does not
20apply if :
21        (1) The media includes a disclaimer informing the
22    viewer that the media has been manipulated by technical
23    means and depicts speech or conduct that did not occur.
24    The following disclaimer is sufficient, but not necessary,
25    to satisfy the requirement of this subsection:
26        "This (insert image, audio, or video) has been

 

 

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1    manipulated by technical means and depicts speech or
2    conduct that did not occur."
3        (2) If the media is a video, the disclaimer satisfies
4    all of the following requirements:
5            (A) it appears throughout the entirety of the
6        video;
7            (B) it is clearly visible to and readable by an
8        observer;
9            (C) it is in letters at least as large as the
10        majority of any text communication, or if there is no
11        other text communication, in a size that is easily
12        readable by the average viewer; and
13            (D) it is in the same language as the language used
14        in the video media.
15        (3) If the media consists only of audio and contains
16    no image or video, the disclaimer is read at the beginning
17    and end of the media in a clearly spoken manner, in a pitch
18    that can be easily heard by the average listener, and in
19    the same language as the audio media.
20        (4) If the media is an image, the disclaimer meets all
21    of the following requirements:
22            (A) it is clearly visible to and readable by the
23        average viewer;
24            (B) it is in letters at least as large as the
25        majority of the other text, if the media contains
26        other text; and

 

 

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1            (C) it is in the same language as the language used
2        in the image media.
3        (5) It includes a citation directing the viewer or
4    listener to the original source from which the unedited
5    version of the existing image, audio, or video was
6    obtained, if the media was generated by editing an
7    existing image, audio, or video.
8    (d) A candidate whose appearance, action, or speech is
9depicted through the use of a deceptive and fraudulent
10deepfake in violation of subsection (b) may seek injunctive or
11other equitable relief prohibiting the publication of such
12deceptive and fraudulent deepfake.
13    (d) Except as otherwise provided in this subsection, a
14person who violates subsection (b) commits a Class C
15misdemeanor.
16    A person who violates subsection (b) with the intent to
17cause violence or bodily harm commits a Class A misdemeanor.
18    A person who violates subsection (b) a second or
19subsequent time within 5 years after a prior conviction for
20violating subsection (b) commits a Class 3 felony.
21    (e) This Section does not apply to:
22        (1) a radio or television broadcasting station,
23    including a cable or satellite television operator,
24    programmer, or producer, that broadcasts a deceptive and
25    fraudulent deepfake prohibited by this Section as part of
26    a bona fide newscast, news interview, news documentary, or

 

 

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1    on-the-spot coverage of bona fide news events, if the
2    broadcast clearly acknowledges through content or a
3    disclosure, in a manner that can be easily heard or read by
4    the average listener or viewer, that there are questions
5    about the authenticity of the materially deceptive audio
6    or visual media;
7        (2) a radio or television broadcasting station,
8    including a cable or satellite television operator,
9    programmer, or producer, when it is paid to broadcast a
10    deceptive and fraudulent deepfake and has made a good
11    faith effort to establish the depiction is not a deceptive
12    and fraudulent deepfake;
13        (3) an internet website, or a regularly published
14    newspaper, magazine, or other periodical of general
15    circulation, including an internet or electronic
16    publication, that routinely carries news and commentary of
17    general interest, and that publishes materially deceptive
18    audio or visual media prohibited by this Section, if the
19    publication clearly states that the materially deceptive
20    audio or visual media does not accurately represent the
21    speech or conduct of the candidate; or
22        (4) materially deceptive audio or visual media that
23    constitutes satire or parody.
24    (f) The provisions of this Section are severable under
25Section 1.31 of the Statute on Statutes.
 
26    Section 99. Effective date. This Act takes effect upon

 

 

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1becoming law.