Full Text of HB2123 103rd General Assembly
HB2123ham001 103RD GENERAL ASSEMBLY | Rep. Jennifer Gong-Gershowitz Filed: 3/14/2023
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| 1 | | AMENDMENT TO HOUSE BILL 2123
| 2 | | AMENDMENT NO. ______. Amend House Bill 2123 by replacing | 3 | | everything after the enacting clause with the following:
| 4 | | "Section 1. Short title. This Act may be cited as the | 5 | | Digital Forgeries Act. | 6 | | Section 5. Definitions. As used in this Act: | 7 | | "Digital forgery" means any video or sound recording, | 8 | | electronic image, or photograph, or any technological | 9 | | representation of speech or conduct substantially derivative | 10 | | thereof, that has been materially manipulated, altered, or | 11 | | annotated to falsely appear to a reasonable person to be an | 12 | | authentic record of an act, a statement, or the conduct, | 13 | | absence, or presence of an individual. | 14 | | "Official proceeding" includes any federal, State, local, | 15 | | tribal, administrative adjudication, election, or rulemaking | 16 | | proceeding. |
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| 1 | | Section 10. Civil action. | 2 | | (a) An individual has a cause of action against any person | 3 | | who intentionally distributes a digital forgery depicting that | 4 | | individual, when the person knows or recklessly disregards the | 5 | | fact that it is a digital forgery and without the depicted | 6 | | individual's consent: | 7 | | (1) in order to harass, extort, threaten, or cause | 8 | | physical harm, or substantial emotional or economic harm, | 9 | | to an individual falsely depicted; | 10 | | (2) with reckless disregard for whether such | 11 | | distribution will cause physical harm, or
substantial | 12 | | emotional or economic harm,
to an individual falsely | 13 | | depicted; or
| 14 | | (3) in order to incite violence or interfere with an | 15 | | official proceeding.
| 16 | | (b) This Section does not apply to digitally manipulated
| 17 | | audiovisual material that is clearly and conspicuously | 18 | | identified
to make clear to a reasonable person that it is not | 19 | | an authentic record of an act, a statement, or the conduct, | 20 | | absence, or presence of an individual, such as parody or | 21 | | satire, unless the material appears to be
a sexual image as | 22 | | defined in subsection (14) of Section 5 of
the Civil Remedies | 23 | | for Nonconsensual Dissemination of Private Sexual Images Act.
| 24 | | (c) A depicted individual's consent to the creation of a | 25 | | digital forgery shall not alone establish consent to the |
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| 1 | | distribution of that digital forgery. | 2 | | Section 15. Remedies. | 3 | | (a) Under this Act, a prevailing plaintiff may 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, including damages for emotional distress | 8 | | regardless of whether they are accompanied by other | 9 | | damages; or
| 10 | | (B) statutory damages not to exceed $10,000 | 11 | | against each defendant found liable under this Act for | 12 | | all disclosures and threatened disclosures by the | 13 | | defendant of which the plaintiff knew or reasonably | 14 | | should have known when filing the action or that | 15 | | became known during the pendency of the action.
| 16 | | (2) An amount equal to any monetary gain made by the | 17 | | defendant from the creation, distribution, or solicitation | 18 | | of creation of the digital forgery.
| 19 | | (3) Punitive damages.
| 20 | | (4) The costs of the action, including reasonable | 21 | | attorney's fees and other reasonable litigation costs. | 22 | | (5) Additional relief, including equitable relief, | 23 | | such as a temporary restraining order, a preliminary | 24 | | injunction, or a permanent injunction ordering the | 25 | | defendant to cease the display or disclosure of the |
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| 1 | | digital forgery.
| 2 | | (b) This Act does not affect a right or remedy available | 3 | | under any other law of this State.
| 4 | | Section 20. Preservation of anonymity. In ordering relief | 5 | | under this Act, the court may grant injunctive relief | 6 | | maintaining the confidentiality of a plaintiff using a | 7 | | pseudonym.
| 8 | | Section 25. Severability. The provisions of this Act are | 9 | | severable under Section 1.31 of the Statute on Statutes.".
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