Proposed Illinois Digital Forgeries Act To Address Deepfakes
April 12, 2023
A proposed Illinois Digital Forgeries Act has advanced out of Illinois House and Senate Committees. Senate Bill 1392 and House Bill 2123 would address the growing problem of “deepfakes” which can falsely depict a person doing, or saying, things they did not do or say.
The synopsis of Senate Bill 1392 reads as follows:
Synopsis As Introduced
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.
Further information can be found here.
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