Illinois · House Bill · 103rd General Assembly (2023–2024)
HB4869
Illinois HB 4869 — An Act concerning business (Disclosure of synthetic media in advertising)

Status ● Failed Effective N/A Passage Likelihood N/A

WHAT THIS BILL REGULATES · 1 REQUIREMENT TYPE

How Is This Bill Enforced

Enforcement Authority
Enforced by the Illinois Attorney General under the Consumer Fraud and Deceptive Business Practices Act (815 ILCS 505). A violation constitutes an unlawful practice within the meaning of the Act, triggering the AG's existing enforcement powers. Private actions are available under the Consumer Fraud Act's existing private right of action provisions (815 ILCS 505/10a).
Private Right of Action
private right of action provisions (815 ILCS 505/10a).
Penalties
Remedies are those available under the Illinois Consumer Fraud and Deceptive Business Practices Act (815 ILCS 505). The AG may seek injunctive relief, civil penalties up to $50,000 per violation, restitution, and disgorgement. Private plaintiffs may recover actual damages or any other relief the court deems proper, plus reasonable attorney's fees and costs under 815 ILCS 505/10a.

What This Bill Requires

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.

Statutory Text
Analysis & Obligations
815 ILCS 505/2EEEE(a)
Definitions — synthetic media in advertising

(a) As used in this Act: "Generative artificial intelligenceGenerative artificial intelligence"Generative artificial intelligence" means the use of machine learning technology, software, automation, and algorithms to perform tasks and to make rules and predictions based on existing data sets and instructions. "Generative artificial intelligence" includes, but is not limited to: (1) any artificial system that performs tasks under varying and unpredictable circumstances without significant human oversight or that can learn from experience and improve performance when exposed to data sets; (2) an artificial system developed in computer software, physical hardware, or other context that solves tasks requiring human-like perception, cognition, planning, learning, communication, or physical action; (3) an artificial system designed to think or act like a human, including cognitive architectures and neural networks; (4) a set of techniques, including machine learning, that is designed to approximate a cognitive task; or (5) an artificial system designed to act rationally, including an intelligent software agent or embodied robot that achieves goals using perception, planning, reasoning, learning, communicating, decision making, and acting.815 ILCS 505/2EEEE(a)" means the use of machine learning technology, software, automation, and algorithms to perform tasks and to make rules and predictions based on existing data sets and instructions. "Generative artificial intelligenceGenerative artificial intelligence"Generative artificial intelligence" means the use of machine learning technology, software, automation, and algorithms to perform tasks and to make rules and predictions based on existing data sets and instructions. "Generative artificial intelligence" includes, but is not limited to: (1) any artificial system that performs tasks under varying and unpredictable circumstances without significant human oversight or that can learn from experience and improve performance when exposed to data sets; (2) an artificial system developed in computer software, physical hardware, or other context that solves tasks requiring human-like perception, cognition, planning, learning, communication, or physical action; (3) an artificial system designed to think or act like a human, including cognitive architectures and neural networks; (4) a set of techniques, including machine learning, that is designed to approximate a cognitive task; or (5) an artificial system designed to act rationally, including an intelligent software agent or embodied robot that achieves goals using perception, planning, reasoning, learning, communicating, decision making, and acting.815 ILCS 505/2EEEE(a)" includes, but is not limited to: (1) any artificial system that performs tasks under varying and unpredictable circumstances without significant human oversight or that can learn from experience and improve performance when exposed to data sets; (2) an artificial system developed in computer software, physical hardware, or other context that solves tasks requiring human-like perception, cognition, planning, learning, communication, or physical action; (3) an artificial system designed to think or act like a human, including cognitive architectures and neural networks; (4) a set of techniques, including machine learning, that is designed to approximate a cognitive task; or (5) an artificial system designed to act rationally, including an intelligent software agent or embodied robot that achieves goals using perception, planning, reasoning, learning, communicating, decision making, and acting. "Synthetic mediaSynthetic media"Synthetic media" means any human voice, photograph, image, video, or other human likeness created, reproduced, or modified by a computer using generative artificial intelligence or a software algorithm to produce or reproduce a human voice.815 ILCS 505/2EEEE(a)" means any human voice, photograph, image, video, or other human likeness created, reproduced, or modified by a computer using generative artificial intelligenceGenerative artificial intelligence"Generative artificial intelligence" means the use of machine learning technology, software, automation, and algorithms to perform tasks and to make rules and predictions based on existing data sets and instructions. "Generative artificial intelligence" includes, but is not limited to: (1) any artificial system that performs tasks under varying and unpredictable circumstances without significant human oversight or that can learn from experience and improve performance when exposed to data sets; (2) an artificial system developed in computer software, physical hardware, or other context that solves tasks requiring human-like perception, cognition, planning, learning, communication, or physical action; (3) an artificial system designed to think or act like a human, including cognitive architectures and neural networks; (4) a set of techniques, including machine learning, that is designed to approximate a cognitive task; or (5) an artificial system designed to act rationally, including an intelligent software agent or embodied robot that achieves goals using perception, planning, reasoning, learning, communicating, decision making, and acting.815 ILCS 505/2EEEE(a) or a software algorithm to produce or reproduce a human voice.

Subsection (a) defines the two key terms for the section: generative artificial intelligence and synthetic media. The definition of generative AI is notably broad — it encompasses any AI or machine learning system, not just systems that generate content. The synthetic media definition is narrower, limited to human voices, photographs, images, video, or other human likenesses created or modified using generative AI or a software algorithm.

815 ILCS 505/2EEEE(b)
General disclosure of synthetic media in advertisements
Publisher

(b) 1 Any person who, for any commercial purpose, makes, publishes, disseminates, airs, circulates, or places an advertisement for goods or services before the public or causes, directly or indirectly, an advertisement for goods or services to be made, published, disseminated, aired, circulated, or placed before the public, that the person knows or should have known contains synthetic mediaSynthetic media"Synthetic media" means any human voice, photograph, image, video, or other human likeness created, reproduced, or modified by a computer using generative artificial intelligence or a software algorithm to produce or reproduce a human voice.815 ILCS 505/2EEEE(a), shall disclose in the advertisement that the advertisement contains synthetic mediaSynthetic media"Synthetic media" means any human voice, photograph, image, video, or other human likeness created, reproduced, or modified by a computer using generative artificial intelligence or a software algorithm to produce or reproduce a human voice.815 ILCS 505/2EEEE(a).

Subsection (b) imposes the bill's primary disclosure obligation: any person who, for a commercial purpose, publishes or causes to be published an advertisement containing synthetic media must disclose that fact in the advertisement itself. The knowledge standard is constructive — disclosure is required when the person knows or should have known the advertisement contains synthetic media. The provision is broad in scope: it covers any person in the advertising chain, including those who indirectly cause the advertisement to be placed before the public.

Compliance actions 1 item
1
Any person who publishes or causes to be published a commercial advertisement that the person knows or should know contains synthetic mediaSynthetic media"Synthetic media" means any human voice, photograph, image, video, or other human likeness created, reproduced, or modified by a computer using generative artificial intelligence or a software algorithm to produce or reproduce a human voice.815 ILCS 505/2EEEE(a) must disclose in the advertisement that it contains synthetic mediaSynthetic media"Synthetic media" means any human voice, photograph, image, video, or other human likeness created, reproduced, or modified by a computer using generative artificial intelligence or a software algorithm to produce or reproduce a human voice.815 ILCS 505/2EEEE(a).
T-02.1
815 ILCS 505/2EEEE(c)
Enhanced disclaimer for synthetic depictions of persons
Publisher

(c) 2 If synthetic mediaSynthetic media"Synthetic media" means any human voice, photograph, image, video, or other human likeness created, reproduced, or modified by a computer using generative artificial intelligence or a software algorithm to produce or reproduce a human voice.815 ILCS 505/2EEEE(a) has been used in any advertisement for goods or services that is published, aired, circulated, disseminated, or otherwise placed before the public and that depicts a person engaged in any action or expression that the person did not actually engage in, the advertisement shall include a disclaimer that clearly and conspicuously states the likeness featured in the advertisement is synthetic, does not depict an actual person, and is generated to create a human likeness.

Subsection (c) imposes an enhanced disclaimer requirement that goes beyond the general disclosure in subsection (b). When synthetic media in an advertisement depicts a person engaged in an action or expression the person did not actually engage in, the advertisement must include a specific disclaimer stating that (1) the likeness is synthetic, (2) it does not depict an actual person, and (3) it is generated to create a human likeness. This is a stricter, content-prescribed disclosure triggered by the depiction of a fabricated human action or expression — effectively targeting deepfake-style content in commercial advertising.

Note that the bill text appears to be truncated at subsection (c); the available text ends mid-sentence. The synopsis describes the full content of subsection (c), and the obligation below is curated based on the synopsis's description of the complete provision.

Compliance actions 1 item
2
Any person who publishes a commercial advertisement using synthetic mediaSynthetic media"Synthetic media" means any human voice, photograph, image, video, or other human likeness created, reproduced, or modified by a computer using generative artificial intelligence or a software algorithm to produce or reproduce a human voice.815 ILCS 505/2EEEE(a) that depicts a person engaged in an action or expression the person did not actually perform must include a clear and conspicuous disclaimer stating the likeness is synthetic, does not depict an actual person, and is generated to create a human likeness.
T-02.1

Passage Likelihood

Failed
Status Failed
Final action Rule 19(a) / Re-referred to Rules Committee

Legislative History

2024-02-06 Filed with the Clerk by Rep. Hoan Huynh
2024-02-07 First Reading
2024-02-07 Referred to Rules Committee
2024-03-06 Added Chief Co-Sponsor Rep. Norma Hernandez
2024-03-06 Added Chief Co-Sponsor Rep. Kevin John Olickal
2024-03-12 Assigned to Judiciary - Civil Committee
2024-03-22 To Constitutional Law Subcommittee
2024-04-05 Rule 19(a) / Re-referred to Rules Committee

Entry Last Reviewed

2026-05-16
AI generated