Illinois · House Bill · 103rd General Assembly (2023–2024)
HB5321
Illinois HB 5321 — An Act concerning business (amending 815 ILCS 505 by adding Section 2EEEE, Artificial intelligence labeling)

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. A violation constitutes an unlawful practice under 815 ILCS 505/2, which permits AG enforcement through civil actions, consent decrees, and injunctive relief. Private actions are available under 815 ILCS 505/10a for any person damaged by a violation.
Private Right of Action
Enforced by the Illinois Attorney General under the Consumer Fraud and Deceptive Business Practices Act. A violation constitutes an unlawful practice under 815 ILCS 505/2, which permits AG enforcement through civil actions, consent decrees, and injunctive relief. Private actions are available under 815 ILCS 505/10a for any person damaged by a violation.
Penalties
Remedies are those available under the Illinois Consumer Fraud and Deceptive Business Practices Act: the AG may seek injunctive relief, civil penalties up to $50,000 per violation, and restitution. 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

(a) As used in this Section: "AI-generated contentAI-generated content"AI-generated content" means means image, video, audio, multimedia, or text content that is substantially created or modified by a generative artificial intelligence system such that the use of the system materially alters the meaning or significance that a reasonable person would take away from the content.815 ILCS 505/2EEEE(a)" means means image, video, audio, multimedia, or text content that is substantially created or modified by a generative artificial intelligence systemGenerative artificial intelligence system"Generative artificial intelligence system" means any system that uses artificial intelligence to generate or substantially modify image, video, audio, multimedia, or text content.815 ILCS 505/2EEEE(a) such that the use of the system materially alters the meaning or significance that a reasonable person would take away from the content. "Artificial intelligence chatbotArtificial intelligence chatbot"Artificial intelligence chatbot" means generative artificial intelligence system with which users can interact by or through an interface that approximates or simulates conversation.815 ILCS 505/2EEEE(a)" means generative artificial intelligence systemGenerative artificial intelligence system"Generative artificial intelligence system" means any system that uses artificial intelligence to generate or substantially modify image, video, audio, multimedia, or text content.815 ILCS 505/2EEEE(a) with which users can interact by or through an interface that approximates or simulates conversation. "Clear and conspicuousClear and conspicuous"Clear and conspicuous" with respect to a disclosure, means that the disclosure meets the following criteria: (1) for any content that is solely visual or solely audible, the disclosure is made through the same means through which the content is presented; (2) for any content that is both visual and audible, the disclosure is visual and audible; (3) for a visual disclosure, the disclosure, by its size, contrast, location, the length of time it appears, and other characteristics, stands out from any accompanying text or other visual elements so that the disclosure is easily noticed, read, and understood; (4) for an audible disclosure, the disclosure is delivered in a volume, speed, and cadence sufficient for a reasonable person to easily hear and understand the disclosure; (5) the disclosure is not be avoidable; (6) the disclosure uses diction and syntax understandable to a reasonable person; and (7) the disclosure is not be contradicted, mitigated by, or inconsistent with anything else in the communication.815 ILCS 505/2EEEE(a)" with respect to a disclosure, means that the disclosure meets the following criteria: (1) for any content that is solely visual or solely audible, the disclosure is made through the same means through which the content is presented; (2) for any content that is both visual and audible, the disclosure is visual and audible; (3) for a visual disclosure, the disclosure, by its size, contrast, location, the length of time it appears, and other characteristics, stands out from any accompanying text or other visual elements so that the disclosure is easily noticed, read, and understood; (4) for an audible disclosure, the disclosure is delivered in a volume, speed, and cadence sufficient for a reasonable person to easily hear and understand the disclosure; (5) the disclosure is not be avoidable; (6) the disclosure uses diction and syntax understandable to a reasonable person; and (7) the disclosure is not be contradicted, mitigated by, or inconsistent with anything else in the communication. "Generative artificial intelligence systemGenerative artificial intelligence system"Generative artificial intelligence system" means any system that uses artificial intelligence to generate or substantially modify image, video, audio, multimedia, or text content.815 ILCS 505/2EEEE(a)" means any system that uses artificial intelligence to generate or substantially modify image, video, audio, multimedia, or text content. "MetadataMetadata"Metadata" has the meaning ascribed to that term in 44 U.S.C. 3502.815 ILCS 505/2EEEE(a)" has the meaning ascribed to that term in 44 U.S.C. 3502. "PlatformPlatform"Platform" has the meaning ascribed to the term in the "interactive computer service" in 47 U.S.C. 230(f).815 ILCS 505/2EEEE(a)" has the meaning ascribed to the term in the "interactive computer service" in 47 U.S.C. 230(f).

Subsection (a) establishes the defined terms governing the bill's scope. The key threshold definition is AI-generated content, which requires both that the content be substantially created or modified by a generative AI system and that the modification materially alter the meaning or significance a reasonable person would take away — a dual substantiality test that narrows the scope beyond mere AI involvement. Generative artificial intelligence system is defined broadly to cover any system that uses AI to generate or substantially modify image, video, audio, multimedia, or text content. The bill also defines Platform by reference to the federal definition of interactive computer service under 47 U.S.C. § 230(f).

815 ILCS 505/2EEEE(b)
Image, video, audio, and multimedia AI content labeling
DeployerDeveloper

(b) 1 Each generative artificial intelligence systemGenerative artificial intelligence system"Generative artificial intelligence system" means any system that uses artificial intelligence to generate or substantially modify image, video, audio, multimedia, or text content.815 ILCS 505/2EEEE(a) that, using any means or facility of interstate or foreign commerce, produces image, video, audio, or multimedia AI-generated contentAI-generated content"AI-generated content" means means image, video, audio, multimedia, or text content that is substantially created or modified by a generative artificial intelligence system such that the use of the system materially alters the meaning or significance that a reasonable person would take away from the content.815 ILCS 505/2EEEE(a) shall include on the AI-generated contentAI-generated content"AI-generated content" means means image, video, audio, multimedia, or text content that is substantially created or modified by a generative artificial intelligence system such that the use of the system materially alters the meaning or significance that a reasonable person would take away from the content.815 ILCS 505/2EEEE(a) a clear and conspicuousClear and conspicuous"Clear and conspicuous" with respect to a disclosure, means that the disclosure meets the following criteria: (1) for any content that is solely visual or solely audible, the disclosure is made through the same means through which the content is presented; (2) for any content that is both visual and audible, the disclosure is visual and audible; (3) for a visual disclosure, the disclosure, by its size, contrast, location, the length of time it appears, and other characteristics, stands out from any accompanying text or other visual elements so that the disclosure is easily noticed, read, and understood; (4) for an audible disclosure, the disclosure is delivered in a volume, speed, and cadence sufficient for a reasonable person to easily hear and understand the disclosure; (5) the disclosure is not be avoidable; (6) the disclosure uses diction and syntax understandable to a reasonable person; and (7) the disclosure is not be contradicted, mitigated by, or inconsistent with anything else in the communication.815 ILCS 505/2EEEE(a) disclosure that meets the following criteria: (1) the disclosure shall include a clear and conspicuousClear and conspicuous"Clear and conspicuous" with respect to a disclosure, means that the disclosure meets the following criteria: (1) for any content that is solely visual or solely audible, the disclosure is made through the same means through which the content is presented; (2) for any content that is both visual and audible, the disclosure is visual and audible; (3) for a visual disclosure, the disclosure, by its size, contrast, location, the length of time it appears, and other characteristics, stands out from any accompanying text or other visual elements so that the disclosure is easily noticed, read, and understood; (4) for an audible disclosure, the disclosure is delivered in a volume, speed, and cadence sufficient for a reasonable person to easily hear and understand the disclosure; (5) the disclosure is not be avoidable; (6) the disclosure uses diction and syntax understandable to a reasonable person; and (7) the disclosure is not be contradicted, mitigated by, or inconsistent with anything else in the communication.815 ILCS 505/2EEEE(a) notice, as appropriate for the medium of the content, that identifies the content as AI-generated contentAI-generated content"AI-generated content" means means image, video, audio, multimedia, or text content that is substantially created or modified by a generative artificial intelligence system such that the use of the system materially alters the meaning or significance that a reasonable person would take away from the content.815 ILCS 505/2EEEE(a); (2) the output's metadataMetadata"Metadata" has the meaning ascribed to that term in 44 U.S.C. 3502.815 ILCS 505/2EEEE(a) information shall include an identification of the content as being AI-generated contentAI-generated content"AI-generated content" means means image, video, audio, multimedia, or text content that is substantially created or modified by a generative artificial intelligence system such that the use of the system materially alters the meaning or significance that a reasonable person would take away from the content.815 ILCS 505/2EEEE(a), the identity of the tool used to create the content, and the date and time the content was created; and (3) the disclosure shall, to the extent technically feasible, be permanent or unable to be easily removed by subsequent users.

Subsection (b) imposes a three-part labeling obligation on generative AI systems that produce image, video, audio, or multimedia AI-generated content using interstate or foreign commerce. The system must include: (1) a clear and conspicuous human-perceptible notice identifying the content as AI-generated, appropriate to the content's medium; (2) embedded metadata identifying the content as AI-generated, the tool used, and the creation date and time; and (3) to the extent technically feasible, a permanent or tamper-resistant disclosure. This provision targets the AI system's output directly — the obligation runs to whoever operates the generative AI system producing the content.

Compliance actions 1 item
1
Developers and deployers of generative AI systems producing image, video, audio, or multimedia content must (1) include a clear and conspicuousClear and conspicuous"Clear and conspicuous" with respect to a disclosure, means that the disclosure meets the following criteria: (1) for any content that is solely visual or solely audible, the disclosure is made through the same means through which the content is presented; (2) for any content that is both visual and audible, the disclosure is visual and audible; (3) for a visual disclosure, the disclosure, by its size, contrast, location, the length of time it appears, and other characteristics, stands out from any accompanying text or other visual elements so that the disclosure is easily noticed, read, and understood; (4) for an audible disclosure, the disclosure is delivered in a volume, speed, and cadence sufficient for a reasonable person to easily hear and understand the disclosure; (5) the disclosure is not be avoidable; (6) the disclosure uses diction and syntax understandable to a reasonable person; and (7) the disclosure is not be contradicted, mitigated by, or inconsistent with anything else in the communication.815 ILCS 505/2EEEE(a) human-perceptible disclosure identifying the content as AI-generated, appropriate to its medium, (2) embed metadataMetadata"Metadata" has the meaning ascribed to that term in 44 U.S.C. 3502.815 ILCS 505/2EEEE(a) identifying the content as AI-generated, the tool used, and the creation date and time, and (3) make the disclosure permanent or tamper-resistant to the extent technically feasible.
T-02.1
815 ILCS 505/2EEEE(c)
Text AI content labeling
DeployerDeveloper

(c) 2 Each artificial intelligence system that, using any means or facility of interstate or foreign commerce, produces text AI-generated contentAI-generated content"AI-generated content" means means image, video, audio, multimedia, or text content that is substantially created or modified by a generative artificial intelligence system such that the use of the system materially alters the meaning or significance that a reasonable person would take away from the content.815 ILCS 505/2EEEE(a), including through an artificial intelligence chatbotArtificial intelligence chatbot"Artificial intelligence chatbot" means generative artificial intelligence system with which users can interact by or through an interface that approximates or simulates conversation.815 ILCS 505/2EEEE(a), shall include a clear and conspicuousClear and conspicuous"Clear and conspicuous" with respect to a disclosure, means that the disclosure meets the following criteria: (1) for any content that is solely visual or solely audible, the disclosure is made through the same means through which the content is presented; (2) for any content that is both visual and audible, the disclosure is visual and audible; (3) for a visual disclosure, the disclosure, by its size, contrast, location, the length of time it appears, and other characteristics, stands out from any accompanying text or other visual elements so that the disclosure is easily noticed, read, and understood; (4) for an audible disclosure, the disclosure is delivered in a volume, speed, and cadence sufficient for a reasonable person to easily hear and understand the disclosure; (5) the disclosure is not be avoidable; (6) the disclosure uses diction and syntax understandable to a reasonable person; and (7) the disclosure is not be contradicted, mitigated by, or inconsistent with anything else in the communication.815 ILCS 505/2EEEE(a) disclosure that identifies the content as AI-generated contentAI-generated content"AI-generated content" means means image, video, audio, multimedia, or text content that is substantially created or modified by a generative artificial intelligence system such that the use of the system materially alters the meaning or significance that a reasonable person would take away from the content.815 ILCS 505/2EEEE(a) and that is, to the extent technically feasible, permanent or unable to be easily removed by subsequent users.

Subsection (c) extends the labeling obligation to AI-generated text content, explicitly including output from artificial intelligence chatbots. The disclosure must be clear and conspicuous and, to the extent technically feasible, permanent or not easily removable. Unlike subsection (b), subsection (c) does not require embedded metadata — only a human-perceptible disclosure. This is a notable asymmetry in the bill's design: multimedia content gets both visible labeling and metadata; text content gets visible labeling only.

Compliance actions 1 item
2
Developers and deployers of AI systems that produce text AI-generated contentAI-generated content"AI-generated content" means means image, video, audio, multimedia, or text content that is substantially created or modified by a generative artificial intelligence system such that the use of the system materially alters the meaning or significance that a reasonable person would take away from the content.815 ILCS 505/2EEEE(a) — including through chatbots — must include a clear and conspicuousClear and conspicuous"Clear and conspicuous" with respect to a disclosure, means that the disclosure meets the following criteria: (1) for any content that is solely visual or solely audible, the disclosure is made through the same means through which the content is presented; (2) for any content that is both visual and audible, the disclosure is visual and audible; (3) for a visual disclosure, the disclosure, by its size, contrast, location, the length of time it appears, and other characteristics, stands out from any accompanying text or other visual elements so that the disclosure is easily noticed, read, and understood; (4) for an audible disclosure, the disclosure is delivered in a volume, speed, and cadence sufficient for a reasonable person to easily hear and understand the disclosure; (5) the disclosure is not be avoidable; (6) the disclosure uses diction and syntax understandable to a reasonable person; and (7) the disclosure is not be contradicted, mitigated by, or inconsistent with anything else in the communication.815 ILCS 505/2EEEE(a) disclosure identifying the content as AI-generated that is, to the extent technically feasible, permanent or not easily removable.
T-02.1
815 ILCS 505/2EEEE(d)
Developer and licensee downstream-use safeguards
DeveloperDistributor

(d) 3 Any entity that develops a generative artificial intelligence systemGenerative artificial intelligence system"Generative artificial intelligence system" means any system that uses artificial intelligence to generate or substantially modify image, video, audio, multimedia, or text content.815 ILCS 505/2EEEE(a) shall implement reasonable procedures to prevent downstream use of the system without the disclosures

Subsection (d) shifts the compliance obligation from the AI system's output to the developer and third-party licensee of a generative AI system. Both must implement reasonable procedures to prevent downstream use of the system without the disclosures required by subsections (b) and (c). This is a process obligation — it does not require perfect prevention, but mandates reasonable procedural safeguards. The bill text is truncated mid-sentence after subsection (d); additional provisions — possibly including enforcement language or further obligations — may exist but are not available in the provided text.

Compliance actions 1 item
3
Developers of generative AI systems and third-party licensees of those systems must implement reasonable procedures to prevent downstream use of the system without the required AI-generated contentAI-generated content"AI-generated content" means means image, video, audio, multimedia, or text content that is substantially created or modified by a generative artificial intelligence system such that the use of the system materially alters the meaning or significance that a reasonable person would take away from the content.815 ILCS 505/2EEEE(a) disclosures.
T-02.2

Passage Likelihood

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

Legislative History

2024-02-09 Filed with the Clerk by Rep. Abdelnasser Rashid
2024-02-09 First Reading
2024-02-09 Referred to Rules Committee
2024-03-12 Assigned to Judiciary - Civil Committee
2024-04-05 Rule 19(a) / Re-referred to Rules Committee

Entry Last Reviewed

2026-05-16
AI generated