Full Text of SB1392 103rd General Assembly
SB1392 103RD GENERAL ASSEMBLY
103RD GENERAL ASSEMBLY
State of Illinois
2023 and 2024
Introduced 2/6/2023, by Sen. Mary Edly-Allen
SYNOPSIS AS INTRODUCED:
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:
(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.
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
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AN ACT concerning civil law.
Be it enacted by the People of the State of Illinois,
represented in the General Assembly:
This Act may be cited as the
Digital Forgeries Act.
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.
"Official proceeding" includes any federal, State, local,
tribal, administrative adjudication, election, or rulemaking
(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
(1) in order to harass, extort, threaten, or cause
physical, emotional, reputational, or economic harm to an
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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
(b) This Section does not apply to digitally manipulated
audiovisual material that is clearly and conspicuously labeled
to make clear to a reasonable observer that it is not an
authentic record of an act, speech, conduct, absence, or
appearance of an individual, 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.
(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
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forgery, including damages for emotional distress
regardless of whether they are accompanied by other
(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
(b) This Act does not affect a right or remedy available
under any other law of this State.
Preservation of Anonymity.
In ordering relief
under this Act, the court may grant injunctive relief
maintaining the confidentiality of a plaintiff using a
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The provisions of this Act are
severable under Section 1.31 of the Statute on Statutes.