HB3030 104TH GENERAL ASSEMBLY

LRB104 09701 RLC 19767 b

104TH GENERAL ASSEMBLY
State of Illinois
2025 and 2026
HB3030

Introduced 2/6/2025, by Rep. Janet Yang Rohr

SYNOPSIS AS INTRODUCED:

New Act

Creates the Removal of Unlawful Publications of Obscene and Harmful Depictions On Social Media Platforms Act. Provides that, following a report to a social media platform that an obscene depiction or otherwise harmful depiction by computer has been unlawfully published on the social media platform, the subject report must be promptly investigated for credibility, and if deemed credible, the subject image must be promptly removed by the operator of the social media platform within 24 hours of the submission of the report. Provides that, upon a finding of credibility by the social media platform that a report that an obscene depiction or otherwise harmful depiction by computer has been unlawfully published on the social media platform, the report, accompanied with any and all identifying information of the publisher of the unlawfully published obscene depiction or otherwise harmful depiction by computer media image, must be reported to the Office of the Attorney General. Provides that, whenever it appears to the Attorney General, upon report, complaint or otherwise by a social media platform or other person or entity, that any person, within or outside the State, has unlawfully published an obscene depiction or otherwise harmful depiction by computer, on a social media platform, the Attorney General may bring an action or proceeding, in the name and on behalf of the People of the State of Illinois, to: (1) enjoin any violation of the Act; (2) obtain restitution of any moneys or property obtained directly or indirectly by any such violation; (3) obtain disgorgement of any profits or gains obtained directly or indirectly by any such violation; (4) obtain damages caused directly or indirectly by any such violation; (5) obtain civil penalties not exceeding $25,000 per violation; and (6) obtain any such other and further relief as the court may deem proper, including preliminary relief. Defines terms. Effective immediately.

A BILL FOR

AN ACT concerning social media.

Be it enacted by the People of the State of Illinois, represented in the General Assembly:

Section 1. Short title. This Act may be cited as the Removal of Unlawful Publications of Obscene and Harmful Depictions On Social Media Platforms Act.

Section 5. Definitions. In this Act:

"Depiction by computer" means a computer program or data that, after being processed by a computer either alone or in conjunction with one or more computer programs, results in a visual depiction on a computer monitor, screen, or display.

"Harm" means physical harm, economic harm, reputational injury, or emotional distress whether or not accompanied by physical or economic harm.

"Obscene depiction" means a visual representation of any kind, including an image, video, or computer-generated image or video, whether made, produced, or altered by electronic, mechanical, or other means, that:

(1) the average person, applying contemporary adult community standards, would find that, taken as a whole, appeals to the prurient interest; and

(2) taken as a whole, lacks serious literary, artistic, political, or scientific value.

"Social media platform" means a public or semi-public Internet-based service or application that has users in Illinois and that meets both of the following criteria:

(1) A substantial function of the service or application is to connect users in order to allow users to interact socially with each other within the service or application. A service or application that provides email or direct messaging services shall not be considered to meet this criterion on the basis of that function alone.

(2) The service or application allows users to do all of the following:

(A) construct a public or semi-public profile for purposes of signing into and using the service or application;

(B) populate a list of other users with whom an individual shares a social connection within the system; and

(C) create or post content viewable or audible by other users, including, but not limited to, live streams, on message boards, in chat rooms, or through a landing page or main feed that presents the user with content generated by other users.

Section 10. Requirement of social media platforms to promptly remove unlawful publications of obscene images.

(a) Following a report to a social media platform that an obscene depiction or otherwise harmful depiction by computer, has been unlawfully published on the social media platform, the subject report must be promptly investigated for credibility, and, if deemed credible, the subject image must be promptly removed by the operator of the social media platform within 24 hours of the submission of the report.

(b) Upon a finding of credibility by the social media platform that a report that an obscene depiction or otherwise harmful depiction by computer has been unlawfully published on the social media platform, the report, accompanied with any and all identifying information of the publisher of the unlawfully published obscene depiction or otherwise harmful depiction by computer media image, must be reported to the Office of the Attorney General.

Section 15. Enforcement. Whenever it appears to the Attorney General, upon report, complaint or otherwise by a social media platform or other person or entity, that any person, within or outside the State, has unlawfully published an obscene depiction or otherwise harmful depiction by computer, on a social media platform, the Attorney General may bring an action or proceeding in the name and on behalf of the People of the State of Illinois to:

(1) enjoin any violation of this Act;

(2) obtain restitution of any moneys or property obtained directly or indirectly by any such violation;

(3) obtain disgorgement of any profits or gains obtained directly or indirectly by any such violation;

(4) obtain damages caused directly or indirectly by any such violation;

(5) obtain civil penalties not exceeding $25,000 per violation; and

(6) obtain any such other and further relief as the court may deem proper, including preliminary relief.

Section 99. Effective date. This Act takes effect upon becoming law.