Rep. Jennifer Gong-Gershowitz

Filed: 3/14/2023





10300HB2123ham001LRB103 28426 LNS 59164 a


2    AMENDMENT NO. ______. Amend House Bill 2123 by replacing
3everything after the enacting clause with the following:
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    "Digital forgery" means any video or sound recording,
8electronic image, or photograph, or any technological
9representation of speech or conduct substantially derivative
10thereof, that has been materially manipulated, altered, or
11annotated to falsely appear to a reasonable person to be an
12authentic record of an act, a statement, or the conduct,
13absence, or presence of an individual.
14    "Official proceeding" includes any federal, State, local,
15tribal, administrative adjudication, election, or rulemaking



10300HB2123ham001- 2 -LRB103 28426 LNS 59164 a

1    Section 10. Civil action.
2    (a) An individual has a cause of action against any person
3who intentionally distributes a digital forgery depicting that
4individual, when the person knows or recklessly disregards the
5fact that it is a digital forgery and without the depicted
6individual's consent:
7        (1) in order to harass, extort, threaten, or cause
8    physical harm, or substantial emotional or economic harm,
9    to an individual falsely depicted;
10        (2) with reckless disregard for whether such
11    distribution will cause physical harm, or substantial
12    emotional or economic harm, to an individual falsely
13    depicted; or
14        (3) in order to incite violence or interfere with an
15    official proceeding.
16    (b) This Section does not apply to digitally manipulated
17audiovisual material that is clearly and conspicuously
18identified to make clear to a reasonable person that it is not
19an authentic record of an act, a statement, or the conduct,
20absence, or presence of an individual, such as parody or
21satire, unless the material appears to be a sexual image as
22defined in subsection (14) of Section 5 of the Civil Remedies
23for Nonconsensual Dissemination of Private Sexual Images Act.
24    (c) A depicted individual's consent to the creation of a
25digital forgery shall not alone establish consent to the



10300HB2123ham001- 3 -LRB103 28426 LNS 59164 a

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



10300HB2123ham001- 4 -LRB103 28426 LNS 59164 a

1    digital forgery.
2    (b) This Act does not affect a right or remedy available
3under any other law of this State.
4    Section 20. Preservation of anonymity. In ordering relief
5under this Act, the court may grant injunctive relief
6maintaining the confidentiality of a plaintiff using a
8    Section 25. Severability. The provisions of this Act are
9severable under Section 1.31 of the Statute on Statutes.".