HB 2123

Abstract

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. House Floor Amendment No. 1 Replaces everything after the enacting clause. Reinserts the introduced bill with changes. Makes changes to provisions concerning the definition of "digital forgery", the elements for a civil action under the Act, exceptions to the application of the Act, and the elements of consent. Makes other technical changes. House Floor Amendment No. 3 In the provision concerning civil action, removes language providing that the provisions do 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 unless the material appears to be a sexual image. Provides instead that the civil action provisions do not apply to a digital forgery 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 unless the material appears to be a sexual image. Senate Committee Amendment No. 1 Deletes reference to: New Act Adds reference to: 740 ILCS 190/5 740 ILCS 190/10 740 ILCS 190/15 740 ILCS 190/25 Replaces everything after the enacting clause. 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.