Bill > HB1860

This bill amends the Illinois Election Code to address the distribution of "deepfakes" - digitally altered media that realistically depicts an individual engaging in speech or conduct they did not actually perform. The bill prohibits distributing materially deceptive media within 90 days of an election if the person knows the media falsely represents an individual, intends to harm a candidate's reputation or deceive voters, and aims to change voting behavior by misleading electors. The bill provides several exceptions to this prohibition, including if the media includes a clear disclaimer about its manipulated nature, cites the original source, or is part of a legitimate news broadcast or satire. Violations can result in penalties ranging from a Class C misdemeanor (first offense) to a Class A misdemeanor (if intent to cause violence) and potentially a Class 3 felony for subsequent offenses within five years. The law also allows candidates depicted in fraudulent deepfakes to seek legal relief to prohibit publication. Importantly, the bill does not apply to news organizations making good faith efforts to report on such media, and includes provisions to ensure the law's various components can be applied independently if challenged.

Government Affairs

https://www.ilga.gov/legislation/BillStatus.asp?DocNum=1860&GAID=18&DocTypeID=HB&SessionID=114&GA=104