Bill Text: IL HB4644 | 2023-2024 | 103rd General Assembly | Introduced

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Bill Title: Amends the Election Code. Provides that a person shall not distribute, or enter into an agreement with another person to distribute, materially deceptive media if: (1) the person knows the media falsely represents a depicted individual; (2) the distribution occurs within 90 days before an election; (3) the person intends the distribution to harm the reputation or electoral prospects of a candidate in an election and the distribution is reasonably likely to cause that result; and (4) the person intends the distribution to change the voting behavior of electors in an election by deceiving the electors into incorrectly believing that the depicted individual in fact engaged in the speech or conduct depicted, and the distribution is reasonably likely to cause that result. Sets forth exceptions to the provision and penalties for violations of the provision. Effective immediately.

Spectrum: Partisan Bill (Democrat 36-0)

Status: (Introduced) 2024-04-05 - Rule 19(a) / Re-referred to Rules Committee [HB4644 Detail]

Download: Illinois-2023-HB4644-Introduced.html

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103RD GENERAL ASSEMBLY State of Illinois 2023 and 2024 HB4644 Introduced , by Rep. Abdelnasser Rashid SYNOPSIS AS INTRODUCED:
10 ILCS 5/29-21 new
Amends the Election Code. Provides that a person shall not distribute, or enter into an agreement with another person to distribute, materially deceptive media if: (1) the person knows the media falsely represents a depicted individual; (2) the distribution occurs within 90 days before an election; (3) the person intends the distribution to harm the reputation or electoral prospects of a candidate in an election and the distribution is reasonably likely to cause that result; and (4) the person intends the distribution to change the voting behavior of electors in an election by deceiving the electors into incorrectly believing that the depicted individual in fact engaged in the speech or conduct depicted, and the distribution is reasonably likely to cause that result. Sets forth exceptions to the provision and penalties for violations of the provision. Effective immediately.
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A BILL FOR
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AN ACT concerning elections.
Be it enacted by the People of the State of Illinois,
represented in the General Assembly:
Section 5. The Election Code is amended by adding Section
29-21 as follows:
(10 ILCS 5/29-21 new)
Sec. 29-21. Disclosure of digitally altered content.
(a) As used in this Section:
"Deepfake" means any video recording, motion-picture film,
sound recording, electronic image, or photograph, or any
technological representation of speech or conduct
substantially derivative of any one or more of those forms of
media:
(1) that is so realistic that a reasonable person
would believe it depicts speech or conduct of an
individual who did not in fact engage in such speech or
conduct; and
(2) the production of which was substantially
dependent upon technical means rather than the ability of
another individual to physically or verbally impersonate
the depicted individual.
"Depicted individual" means an individual in a deepfake
who appears to be engaging in speech or conduct in which the

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individual did not engage.
(b) Except as provided in subsection (b), a person shall
not distribute, or enter into an agreement with another person
to distribute, materially deceptive media if:
(1) the person knows the media falsely represents a
depicted individual;
(2) the distribution occurs within 90 days before an
election;
(3) the person intends the distribution to harm the
reputation or electoral prospects of a candidate in an
election and the distribution is reasonably likely to
cause that result; and
(4) the person intends the distribution to change the
voting behavior of electors in an election by deceiving
the electors into incorrectly believing that the depicted
individual in fact engaged in the speech or conduct
depicted, and the distribution is reasonably likely to
cause that result.
(c) The prohibition described in subsection (b) does not
apply if :
(1) The media includes a disclaimer informing the
viewer that the media has been manipulated by technical
means and depicts speech or conduct that did not occur.
The following disclaimer is sufficient, but not necessary,
to satisfy the requirement of this subsection:
"This (insert image, audio, or video) has been

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manipulated by technical means and depicts speech or
conduct that did not occur."
(2) If the media is a video, the disclaimer satisfies
all of the following requirements:
(A) it appears throughout the entirety of the
video;
(B) it is clearly visible to and readable by an
observer;
(C) it is in letters at least as large as the
majority of any text communication, or if there is no
other text communication, in a size that is easily
readable by the average viewer; and
(D) it is in the same language as the language used
in the video media.
(3) If the media consists only of audio and contains
no image or video, the disclaimer is read at the beginning
and end of the media in a clearly spoken manner, in a pitch
that can be easily heard by the average listener, and in
the same language as the audio media.
(4) If the media is an image, the disclaimer meets all
of the following requirements:
(A) it is clearly visible to and readable by the
average viewer;
(B) it is in letters at least as large as the
majority of the other text, if the media contains
other text; and

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(C) it is in the same language as the language used
in the image media.
(5) It includes a citation directing the viewer or
listener to the original source from which the unedited
version of the existing image, audio, or video was
obtained, if the media was generated by editing an
existing image, audio, or video.
(d) A candidate whose appearance, action, or speech is
depicted through the use of a deceptive and fraudulent
deepfake in violation of subsection (b) may seek injunctive or
other equitable relief prohibiting the publication of such
deceptive and fraudulent deepfake.
(d) Except as otherwise provided in this subsection, a
person who violates subsection (b) commits a Class C
misdemeanor.
A person who violates subsection (b) with the intent to
cause violence or bodily harm commits a Class A misdemeanor.
A person who violates subsection (b) a second or
subsequent time within 5 years after a prior conviction for
violating subsection (b) commits a Class 3 felony.
(e) This Section does not apply to:
(1) a radio or television broadcasting station,
including a cable or satellite television operator,
programmer, or producer, that broadcasts a deceptive and
fraudulent deepfake prohibited by this Section as part of
a bona fide newscast, news interview, news documentary, or

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on-the-spot coverage of bona fide news events, if the
broadcast clearly acknowledges through content or a
disclosure, in a manner that can be easily heard or read by
the average listener or viewer, that there are questions
about the authenticity of the materially deceptive audio
or visual media;
(2) a radio or television broadcasting station,
including a cable or satellite television operator,
programmer, or producer, when it is paid to broadcast a
deceptive and fraudulent deepfake and has made a good
faith effort to establish the depiction is not a deceptive
and fraudulent deepfake;
(3) an internet website, or a regularly published
newspaper, magazine, or other periodical of general
circulation, including an internet or electronic
publication, that routinely carries news and commentary of
general interest, and that publishes materially deceptive
audio or visual media prohibited by this Section, if the
publication clearly states that the materially deceptive
audio or visual media does not accurately represent the
speech or conduct of the candidate; or
(4) materially deceptive audio or visual media that
constitutes satire or parody.
(f) The provisions of this Section are severable under
Section 1.31 of the Statute on Statutes.
Section 99. Effective date. This Act takes effect upon

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