HB 4557

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Full Text of HB4557
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	HB4557 - 104th General Assembly
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104TH GENERAL ASSEMBLY
State of Illinois
2025 and 2026
HB4557
Introduced 1/30/2026, by Rep. Jennifer Gong-Gershowitz
SYNOPSIS AS INTRODUCED:
New Act
Creates the Digital Forgeries in Politics Act. Provides that an individual depicted in a digital forgery who is an Illinois resident and a candidate for office in this State has a cause of action against any person who knowingly distributes, or enters into an agreement with another person to distribute, a digital forgery if: (1) the distribution occurs within 90 days before a regular election; and (2) the distribution is reasonably likely to harm the reputation or electoral prospects of a candidate in an election. Sets forth exceptions. Allows a court to issue a temporary restraining order, preliminary injunction, or permanent injunction ordering the defendant to cease the display or distribution of the digital forgery. Includes additional awards to a prevailing plaintiff.
LRB104 16403 JRC 29793 b
A BILL FOR
		HB4557		LRB104 16403 JRC 29793 b
1    AN ACT concerning civil law.
2    Be it enacted by the People of the State of Illinois,
3represented in the General Assembly:
4    Section 1. Short title. This Act may be cited as the
5Digital Forgeries in Politics Act.
6    Section 5. Definitions. As used in this Act:
7    "Digital forgery" means any audio or visual material that
8has been created, materially manipulated, altered, or
9annotated to appear to be a realistic record of an act, speech,
10conduct, absence, or appearance of an individual that a
11reasonable person would incorrectly believe to be a true
12depiction of that individual and that falsely depicts an
13individual engaged in speech or conduct in which the depicted
14individual did not engage.
15    "Regular election" has the meaning given to that term in
16Section 1-3 of the Election Code.
17    Section 10. Civil action.
18    (a) An individual depicted in a digital forgery who is a
19resident of Illinois and who is a candidate for office in this
20State has a cause of action against any person who knowingly
21distributes or enters into an agreement with another person to
22distribute a digital forgery if:.
		HB4557	- 2 -	LRB104 16403 JRC 29793 b
1        (1) the distribution occurs within 90 days before a
2    regular election; and
3        (2) the distribution is reasonably likely to harm the
4    reputation or electoral prospects of a candidate in an
5    election.
6    (b) This Section does not apply to digitally manipulated
7audiovisual material that includes a clear and conspicuous
8disclaimer informing the viewer or listener that the media has
9been manipulated by technical means and depicts speech or
10conduct that did not occur. The following disclaimer is
11sufficient, but not necessary, to satisfy the requirements
12under this paragraph: "This (image, audio, or video) has been
13manipulated by technical means and depicts speech or conduct
14that did not occur.".
15    The court shall consider the following factors in
16determining whether the disclaimer was clear and conspicuous:
17        (1) if the media is a video, the media includes a
18    disclaimer that:
19            (A) appears throughout the entirety of the video;
20            (B) is clearly visible to and readable by an
21        observer;
22            (C) is in letters at least as large as the majority
23        of any text communication, or if there is no other text
24        communication, in a size that is easily readable by
25        the average viewer; and
26            (D) is in the same language as the language used in
		HB4557	- 3 -	LRB104 16403 JRC 29793 b
1        the video media;
2        (2) if the media consists only of audio and contains
3    no image or video, the media includes a disclaimer that is
4    read at the beginning and end of the media in a clearly
5    spoken manner, in a pitch that can be easily heard by the
6    average listener, and in the same language as the audio
7    media;
8        (3) if the media is an image, the media includes a
9    disclaimer that:
10            (A) is clearly visible to and readable by the
11        average viewer;
12            (B) if the media contains other text, is in
13        letters at least as large as the majority of the other
14        text; and
15            (C) is in the same language as the language used in
16        the image media; and
17        (4) if the media was generated by editing an existing
18    image, audio, or video, the media includes a citation
19    directing the viewer or listener to the original source
20    from which the unedited version of the existing image,
21    audio, or video was obtained.
22    Section 15. Remedies.
23    (a) A court in which an action is brought under this Act,
24on the motion of a party, may issue a temporary restraining
25order, preliminary injunction, or permanent injunction
		HB4557	- 4 -	LRB104 16403 JRC 29793 b
1ordering the defendant to cease the display or distribution of
2the digital forgery.
3    (b) A prevailing plaintiff may additionally be awarded:
4        (1) the greater of:
5            (A) economic and noneconomic damages proximately
6        caused by the creation or distribution of the digital
7        forgery; or
8            (B) statutory damages not to exceed $10,000
9        against each defendant found liable under this Act for
10        each instance that individual distributed the media or
11        for each instance the media was distributed under an
12        agreement made to distribute the media;
13        (2) punitive damages; or
14        (3) the costs of the action, including reasonable
15    attorney's fees and other reasonable litigation costs.
16    (c) This Act does not affect a right or remedy available
17under any other law of this State.
18    Section 97. Severability. The provisions of this Act are
19severable under Section 1.31 of the Statute on Statutes.