Full Text of HB2123 103rd General Assembly
HB2123ham001 103RD GENERAL ASSEMBLY
Rep. Jennifer Gong-Gershowitz
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AMENDMENT TO HOUSE BILL 2123
AMENDMENT NO. ______. Amend House Bill 2123 by replacing
everything after the enacting clause with the following:
This Act may be cited as the
Digital Forgeries Act.
As used in this Act:
"Digital forgery" means any video or sound recording,
electronic image, or photograph, or any technological
representation of speech or conduct substantially derivative
thereof, that has been materially manipulated, altered, or
annotated to falsely appear to a reasonable person to be an
authentic record of an act, a statement, or the conduct,
absence, or presence of an individual.
"Official proceeding" includes any federal, State, local,
tribal, administrative adjudication, election, or rulemaking
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(a) An individual has a cause of action against any person
who intentionally distributes a digital forgery depicting that
individual, when the person knows or recklessly disregards the
fact that it is a digital forgery and without the depicted
(1) in order to harass, extort, threaten, or cause
physical harm, or substantial emotional or economic harm,
to an individual falsely depicted;
(2) with reckless disregard for whether such
distribution will cause physical harm, or
emotional or economic harm,
to an individual falsely
(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
to make clear to a reasonable person that it is not
an authentic record of an act, a statement, or the conduct,
absence, or presence of an individual, such as parody or
satire, 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
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distribution of that digital forgery.
(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
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
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(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
The provisions of this Act are
severable under Section 1.31 of the Statute on Statutes.".