Bill Text: IL HB2123 | 2023-2024 | 103rd General Assembly | Engrossed

NOTE: There are more recent revisions of this legislation. Read Latest Draft

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Bill Title: Amends the Civil Remedies for Nonconsensual Dissemination of Private Sexual Images Act. Changes the definition of "sexual image" to also mean a photograph, film, videotape, digital recording, or other similar medium that falsely appears to show the fully unclothed, partially unclothed, or transparently clothed genitals, pubic area, anus, or female post-pubescent nipple, partially or fully exposed, of a depicted individual or a depicted individual engaging in or being subjected to sexual conduct or activity. Provides that a depicted individual of an intentionally digitally altered sexual image has a cause of action against a person disseminating or threatening to disseminate the sexual image. Provides that a depicted individual has a cause of action against a person disseminating or threatening to disseminate a sexual image if the person recklessly disregarded the possibility that the depicted individual did not consent to the dissemination, the image was a private or intentionally digitally altered sexual image, and the depicted individual was identifiable. Provides that in the case of digitally altered sexual images, disclosing that the images were digitally altered is not a defense to liability. Removes language providing that nothing in the Act shall be construed to impose liability on an interactive computer service for content provided by another person. Provides that the dissemination of or a threat to disseminate a private sexual image is not a matter of public concern solely because the image is accompanied by a political message. Allows the court to award equitable relief, such as a temporary restraining order, preliminary injunction, or permanent injunction ordering the defendant to cease the display or disclosure of the image, to a prevailing plaintiff in an action brought under the Act.

Spectrum: Strong Partisan Bill (Democrat 52-5)

Status: (Passed) 2023-07-28 - Public Act . . . . . . . . . 103-0294 [HB2123 Detail]

Download: Illinois-2023-HB2123-Engrossed.html

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HB2123 Engrossed LRB103 28426 LNS 54806 b
AN ACT concerning civil law.
Be it enacted by the People of the State of Illinois,
represented in the General Assembly:
Section 1. Short title. This Act may be cited as the
Digital Forgeries Act.
Section 5. Definitions. 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
proceeding.
Section 10. Civil action.
(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
individual's consent:

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(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 substantial
emotional or economic harm, to an individual falsely
depicted; or
(3) in order to incite violence or interfere with an
official proceeding.
(b) This Section does not apply to digitally manipulated
audiovisual material that is clearly and conspicuously
identified 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
distribution of that digital forgery.
Section 15. Remedies.
(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
damages; or
(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
digital forgery.
(b) This Act does not affect a right or remedy available
under any other law of this State.
Section 20. 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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pseudonym.
Section 25. Severability. The provisions of this Act are
severable under Section 1.31 of the Statute on Statutes.