Illinois General Assembly - Full Text of HB2123
Illinois General Assembly

  Bills & Resolutions  
  Compiled Statutes  
  Public Acts  
  Legislative Reports  
  IL Constitution  
  Legislative Guide  
  Legislative Glossary  

 Search By Number
 (example: HB0001)
Search Tips

Search By Keyword

Full Text of HB2123  103rd General Assembly




HB2123 EngrossedLRB103 28426 LNS 54806 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    "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
17    Section 10. Civil action.
18    (a) An individual has a cause of action against any person
19who intentionally distributes a digital forgery depicting that
20individual, when the person knows or recklessly disregards the
21fact that it is a digital forgery and without the depicted
22individual's consent:



HB2123 Engrossed- 2 -LRB103 28426 LNS 54806 b

1        (1) in order to harass, extort, threaten, or cause
2    physical harm, or substantial emotional or economic harm,
3    to an individual falsely depicted;
4        (2) with reckless disregard for whether such
5    distribution will cause physical harm, or substantial
6    emotional or economic harm, to an individual falsely
7    depicted; or
8        (3) in order to incite violence or interfere with an
9    official proceeding.
10    (b) This Section does not apply to a digital forgery that
11is clearly and conspicuously identified to make clear to a
12reasonable person that it is not an authentic record of an act,
13a statement, or the conduct, absence, or presence of an
14individual, such as parody or satire, unless the material
15appears to be a sexual image as defined in subsection (14) of
16Section 5 of the Civil Remedies for Nonconsensual
17Dissemination of Private Sexual Images Act.
18    (c) A depicted individual's consent to the creation of a
19digital forgery shall not alone establish consent to the
20distribution of that digital forgery.
21    Section 15. Remedies.
22    (a) Under this Act, a prevailing plaintiff may be awarded:
23        (1) The greater of:
24            (A) economic and noneconomic damages proximately
25        caused by the creation or distribution of the digital



HB2123 Engrossed- 3 -LRB103 28426 LNS 54806 b

1        forgery, including damages for emotional distress
2        regardless of whether they are accompanied by other
3        damages; or
4            (B) statutory damages not to exceed $10,000
5        against each defendant found liable under this Act for
6        all disclosures and threatened disclosures by the
7        defendant of which the plaintiff knew or reasonably
8        should have known when filing the action or that
9        became known during the pendency of the action.
10        (2) An amount equal to any monetary gain made by the
11    defendant from the creation, distribution, or solicitation
12    of creation of the digital forgery.
13        (3) Punitive damages.
14        (4) The costs of the action, including reasonable
15    attorney's fees and other reasonable litigation costs.
16        (5) Additional relief, including equitable relief,
17    such as a temporary restraining order, a preliminary
18    injunction, or a permanent injunction ordering the
19    defendant to cease the display or disclosure of the
20    digital forgery.
21    (b) This Act does not affect a right or remedy available
22under any other law of this State.
23    Section 20. Preservation of anonymity. In ordering relief
24under this Act, the court may grant injunctive relief
25maintaining the confidentiality of a plaintiff using a



HB2123 Engrossed- 4 -LRB103 28426 LNS 54806 b

2    Section 25. Severability. The provisions of this Act are
3severable under Section 1.31 of the Statute on Statutes.