WHAT THIS BILL REGULATES · 1 REQUIREMENT TYPE
How Is This Bill Enforced
Verbatim statutory text on the left; plain-language analysis and a per-section checklist on the right. Numbered markers cross-link to the matching checklist row.
This Act may be cited as the Digital Forgeries Act.
Establishes the short title of the Act as the Digital Forgeries Act. This section is purely nomenclature and imposes no obligations.
As used in this Act: "Artificial intelligenceArtificial intelligence"Artificial intelligence" means a machine-based system that can make predictions, recommendations, or decisions influencing real or virtual environments for a given set of human-defined objectivesSection 5" means a machine-based system that can make predictions, recommendations, or decisions influencing real or virtual environments for a given set of human-defined objectives. "Digital forgeryDigital forgery"Digital forgery" means any audio or visual material that has been created, materially manipulated, altered, or annotated, through the use of artificial intelligence, to appear to be a realistic record of an act, speech, conduct, absence, or appearance of an individual.Section 5" means any audio or visual material that has been created, materially manipulated, altered, or annotated, through the use of artificial intelligenceArtificial intelligence"Artificial intelligence" means a machine-based system that can make predictions, recommendations, or decisions influencing real or virtual environments for a given set of human-defined objectivesSection 5, to appear to be a realistic record of an act, speech, conduct, absence, or appearance of an individual. "Official proceedingOfficial proceeding"Official proceeding" includes any federal, State, local, tribal, administrative adjudication, election, or rulemaking proceeding.Section 5" includes any federal, State, local, tribal, administrative adjudication, election, or rulemaking proceeding.
Defines the three key terms used throughout the Act: artificial intelligence, digital forgery, and official proceeding. The definition of digital forgery is notably broad — it covers any audio or visual material created or materially altered through AI to appear to be a realistic record of an individual's acts, speech, conduct, absence, or appearance. The AI definition tracks a common functional framing (machine-based system making predictions, recommendations, or decisions) rather than specifying particular technologies.
(a) 1 An individual depicted in a digital forgeryDigital forgery"Digital forgery" means any audio or visual material that has been created, materially manipulated, altered, or annotated, through the use of artificial intelligence, to appear to be a realistic record of an act, speech, conduct, absence, or appearance of an individual.Section 5 has a cause of action against any person who, without the consent of the depicted individual, knowingly distributes a digital forgeryDigital forgery"Digital forgery" means any audio or visual material that has been created, materially manipulated, altered, or annotated, through the use of artificial intelligence, to appear to be a realistic record of an act, speech, conduct, absence, or appearance of an individual.Section 5, creates a digital forgeryDigital forgery"Digital forgery" means any audio or visual material that has been created, materially manipulated, altered, or annotated, through the use of artificial intelligence, to appear to be a realistic record of an act, speech, conduct, absence, or appearance of an individual.Section 5 with intent to distribute, or solicits the creation of a digital forgeryDigital forgery"Digital forgery" means any audio or visual material that has been created, materially manipulated, altered, or annotated, through the use of artificial intelligence, to appear to be a realistic record of an act, speech, conduct, absence, or appearance of an individual.Section 5 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 proceedingOfficial proceeding"Official proceeding" includes any federal, State, local, tribal, administrative adjudication, election, or rulemaking proceeding.Section 5.
(b) 1 This Section does not apply to a digital forgeryDigital forgery"Digital forgery" means any audio or visual material that has been created, materially manipulated, altered, or annotated, through the use of artificial intelligence, to appear to be a realistic record of an act, speech, conduct, absence, or appearance of an individual.Section 5 that is clearly and conspicuously identified to make clear to a reasonable person that the audiovisual material was created through the use of artificial intelligenceArtificial intelligence"Artificial intelligence" means a machine-based system that can make predictions, recommendations, or decisions influencing real or virtual environments for a given set of human-defined objectivesSection 5, or 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) 1 A depicted individual's consent to the creation of a digital forgeryDigital forgery"Digital forgery" means any audio or visual material that has been created, materially manipulated, altered, or annotated, through the use of artificial intelligence, to appear to be a realistic record of an act, speech, conduct, absence, or appearance of an individual.Section 5 shall not alone establish consent to the distribution of that digital forgeryDigital forgery"Digital forgery" means any audio or visual material that has been created, materially manipulated, altered, or annotated, through the use of artificial intelligence, to appear to be a realistic record of an act, speech, conduct, absence, or appearance of an individual.Section 5, nor shall consent to previous disclosure of a digital forgeryDigital forgery"Digital forgery" means any audio or visual material that has been created, materially manipulated, altered, or annotated, through the use of artificial intelligence, to appear to be a realistic record of an act, speech, conduct, absence, or appearance of an individual.Section 5 alone establish that the depicted individual consented to subsequent disclosures.
This is the Act's core operative provision. It creates a private cause of action for individuals depicted in AI-generated digital forgeries against any person who, without consent, knowingly distributes, creates with intent to distribute, or solicits the creation with intent to distribute a digital forgery under one of three scienter conditions: intent to harass or cause harm, reckless disregard for potential harm, or intent to incite violence or interfere with an official proceeding.
The section includes a safe harbor for material that is clearly and conspicuously labeled as AI-generated or non-authentic (including parody and satire), but this safe harbor is expressly inapplicable when the material appears to be a sexual image under the Civil Remedies for Nonconsensual Dissemination of Private Sexual Images Act. The consent provision establishes that consent to creation does not imply consent to distribution, and consent to one disclosure does not imply consent to subsequent disclosures.
(a)(1)–(5) 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 forgeryDigital forgery"Digital forgery" means any audio or visual material that has been created, materially manipulated, altered, or annotated, through the use of artificial intelligence, to appear to be a realistic record of an act, speech, conduct, absence, or appearance of an individual.Section 5, 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 forgeryDigital forgery"Digital forgery" means any audio or visual material that has been created, materially manipulated, altered, or annotated, through the use of artificial intelligence, to appear to be a realistic record of an act, speech, conduct, absence, or appearance of an individual.Section 5. (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 forgeryDigital forgery"Digital forgery" means any audio or visual material that has been created, materially manipulated, altered, or annotated, through the use of artificial intelligence, to appear to be a realistic record of an act, speech, conduct, absence, or appearance of an individual.Section 5.
(b) This Act does not affect a right or remedy available under any other law of this State.
Establishes the remedies available to a prevailing plaintiff. The damages framework offers the plaintiff the greater of actual economic and noneconomic damages (including standalone emotional distress damages) or statutory damages up to $10,000 per defendant. Additionally, the court may award disgorgement of the defendant's monetary gain, punitive damages, attorney's fees and litigation costs, and equitable relief including injunctions ordering cessation of display or disclosure. The savings clause in subsection (b) preserves any other rights or remedies available under Illinois law.
In ordering relief under this Act, the court may grant injunctive relief maintaining the confidentiality of a plaintiff using a pseudonym.
Authorizes the court to grant injunctive relief that maintains the confidentiality of a plaintiff proceeding under a pseudonym. This is a procedural protection designed to prevent further harm to victims — particularly relevant for intimate imagery cases where public identification could compound the harm.