Illinois General Assembly - Full Text of SB1717
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Full Text of SB1717  102nd General Assembly

SB1717 102ND GENERAL ASSEMBLY

  
  

 


 
102ND GENERAL ASSEMBLY
State of Illinois
2021 and 2022
SB1717

 

Introduced 2/26/2021, by Sen. Cristina Castro

 

SYNOPSIS AS INTRODUCED:
 
10 ILCS 5/Art. 29D heading new
10 ILCS 5/29D-5 new
10 ILCS 5/29D-10 new
705 ILCS 35/28  from Ch. 37, par. 72.28

    Amends the Election Code. Prohibits the distribution, with malice, of campaign material that contains a picture into which a candidate for public office or another person is superimposed. Prohibits, within 60 days of an election at which a candidate for elective office will appear on the ballot, the distribution, with actual malice, of materially deceptive audio or visual media of the candidate with the intent to injure the candidate's reputation or to deceive a voter into voting for or against the candidate. Provides remedies and exceptions for violating the provisions. Amends the Circuit Court Act. Provides that proceedings in cases involving the registration or denial of registration of voters, the certification or denial of certification of candidates, the certification or denial of certification of ballot measures, and election contests shall be placed on the calendar in the order of their date of filing and shall be given precedence.


LRB102 15240 SMS 20595 b

 

 

A BILL FOR

 

SB1717LRB102 15240 SMS 20595 b

1    AN ACT concerning elections.
 
2    Be it enacted by the People of the State of Illinois,
3represented in the General Assembly:
 
4    Section 5. The Election Code is amended by adding Article
529D as follows:
 
6    (10 ILCS 5/Art. 29D heading new)
7
ARTICLE 29D. CAMPAIGN MATERIALS

 
8    (10 ILCS 5/29D-5 new)
9    Sec. 29D-5. Campaign material disclosures.
10    (a) As used in this Section:
11    "Actual malice" means the knowledge that the image of a
12person has been superimposed on a picture or photograph to
13create a false representation or a reckless disregard of
14whether or not the image of a person has been superimposed on a
15picture or photograph to create a false representation.
16    "Campaign material" includes, but is not limited to, any
17printed matter, advertisement in a newspaper or other
18periodical, television commercial, or computer image.
19    (b) Except as provided in subsection (c), a person, firm,
20association, corporation, campaign committee, or organization
21shall not, with actual malice, produce, distribute, publish,
22or broadcast campaign material that contains (1) a picture or

 

 

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1photograph of a person or persons into which the image of a
2candidate for public office is superimposed or (2) a picture
3or photograph of a candidate for public office into which the
4image of another person or persons is superimposed.
5    (c) A person, firm, association, corporation, campaign
6committee, or organization may produce, distribute, publish,
7or broadcast campaign material that contains a picture or
8photograph prohibited by subsection (b) only if each picture
9or photograph in the campaign material includes the following
10statement in the same point size type as the largest point size
11type used elsewhere in the campaign material: "This picture is
12not an accurate representation of fact.". The statement shall
13be immediately adjacent to each picture or photograph
14prohibited by subsection (b).
15    (d) Any registered voter may seek a temporary restraining
16order and an injunction prohibiting the publication,
17distribution, or broadcasting of any campaign material in
18violation of this Section. Upon filing a petition under this
19Section, the plaintiff may obtain a temporary restraining
20order in accordance with Section 11-101 of the Code of Civil
21Procedure.
22    (e) A candidate for public office whose likeness appears
23in a picture or photograph prohibited by subsection (b) may
24bring a civil action against any person, firm, association,
25corporation, campaign committee, or organization that
26produced, distributed, published, or broadcast the picture or

 

 

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1photograph prohibited by subsection (b). The court may award
2damages in an amount equal to the cost of producing,
3distributing, publishing, or broadcasting the campaign
4material that violated this Section, in addition to reasonable
5attorney's fees and costs.
6    (f) This Section does not apply to a holder of a license
7granted pursuant to the federal Communications Act of 1934 (47
8U.S.C. Sec. 151 et seq.) in the performance of the functions
9for which the license is granted.
10    (g) This Section does not apply to the publisher or an
11employee of a newspaper, magazine, or other periodical that is
12published on a regular basis for any material published in
13that newspaper, magazine, or other periodical. For purposes of
14this subsection (g), a "newspaper, magazine, or other
15periodical that is published on a regular basis" does not
16include any newspaper, magazine, or other periodical that has
17as its primary purpose the publication of campaign advertising
18or communication.
 
19    (10 ILCS 5/29D-10 new)
20    Sec. 29D-10. Deceptive campaign materials.
21    (a) As used in this Section, "materially deceptive audio
22or visual media" means an image or an audio or video recording
23of a candidate's appearance, speech, or conduct that has been
24intentionally manipulated in a manner such that both of the
25following conditions are met:

 

 

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1        (1) The image or audio or video recording would
2    falsely appear to a reasonable person to be authentic.
3        (2) The image or audio or video recording would cause
4    a reasonable person to have a fundamentally different
5    understanding or impression of the expressive content of
6    the image or audio or video recording than that person
7    would have if the person were hearing or seeing the
8    unaltered, original version of the image or audio or video
9    recording.
10    (b) Except as provided in subsection (c), a person,
11committee, or other entity shall not, within 60 days of an
12election at which a candidate for elective office will appear
13on the ballot, distribute, with actual malice, materially
14deceptive audio or visual media of the candidate with the
15intent to injure the candidate's reputation or to deceive a
16voter into voting for or against the candidate.
17    (c) The prohibition in subsection (b) does not apply if
18the audio or visual media includes a disclosure stating: "This
19.... has been manipulated.".
20    (d) The blank in the disclosure required by subsection (c)
21shall be filled with whichever of the following terms most
22accurately describes the media:
23        (1) Image.
24        (2) Video.
25        (3) Audio.
26    (e) For visual media, the text of the disclosure shall

 

 

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1appear in a size that is easily readable by the average viewer
2and no smaller than the largest font size of other text
3appearing in the visual media. If the visual media does not
4include any other text, the disclosure shall appear in a size
5that is easily readable by the average viewer. For visual
6media that is video, the disclosure shall appear for the
7duration of the video.
8    (f) If the media consists of audio only, the disclosure
9shall be read in a clearly spoken manner and in a pitch that
10can be easily heard by the average listener, at the beginning
11of the audio, at the end of the audio, and, if the audio is
12greater than 2 minutes in length, interspersed within the
13audio at intervals of not greater than 2 minutes each.
14    (g) A candidate for elective office whose voice or
15likeness appears in a materially deceptive audio or visual
16media distributed in violation of this Section may seek
17injunctive or other equitable relief prohibiting the
18distribution of audio or visual media in violation of this
19Section. An action under this subsection (g) shall be entitled
20to precedence in accordance with Section 28 of the Circuit
21Courts Act.
22    (h) A candidate for elective office whose voice or
23likeness appears in a materially deceptive audio or visual
24media distributed in violation of this Section may bring an
25action for general or special damages against the person,
26committee, or other entity that distributed the materially

 

 

SB1717- 6 -LRB102 15240 SMS 20595 b

1deceptive audio or visual media. The court may also award a
2prevailing party reasonable attorney's fees and costs. This
3subsection (h) shall not be construed to limit or preclude a
4plaintiff from securing or recovering any other available
5remedy.
6    (i) In any civil action alleging a violation of this
7Section, the plaintiff shall bear the burden of establishing
8the violation through clear and convincing evidence.
9    (j) This Section shall not be construed to alter or negate
10any rights, obligations, or immunities of an interactive
11service provider under Section 230 of Title 47 of the United
12States Code.
13    (k) This Section does not apply to:
14        (1) a radio or television broadcasting station,
15    including a cable or satellite television operator,
16    programmer, or producer, that broadcasts materially
17    deceptive audio or visual media prohibited by this Section
18    as part of a bona fide newscast, news interview, news
19    documentary, or on-the-spot coverage of bona fide news
20    events if the broadcast clearly acknowledges through
21    content or a disclosure, in a manner that can be easily
22    heard or read by the average listener or viewer, that
23    there are questions about the authenticity of the
24    materially deceptive audio or visual media;
25        (2) a radio or television broadcasting station,
26    including a cable or satellite television operator,

 

 

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1    programmer, or producer, when it is paid to broadcast
2    materially deceptive audio or visual media;
3        (3) an Internet website or a regularly published
4    newspaper, magazine, or other periodical of general
5    circulation, including an Internet or electronic
6    publication, that routinely carries news and commentary of
7    general interest and that publishes materially deceptive
8    audio or visual media prohibited by this Section if the
9    publication clearly states that the materially deceptive
10    audio or visual media does not accurately represent the
11    speech or conduct of the candidate; and
12        (4) materially deceptive audio or visual media that
13    constitutes satire or parody.
14    (l) The provisions of this Section are severable. If any
15provision of this Section or its application is held invalid,
16that invalidity shall not affect other provisions or
17applications that can be given effect without the invalid
18provision or application.
 
19    Section 10. The Circuit Courts Act is amended by changing
20Section 28 as follows:
 
21    (705 ILCS 35/28)  (from Ch. 37, par. 72.28)
22    Sec. 28. The said courts may, from time to time, make all
23such rules for the orderly disposition of business before them
24as may be deemed expedient, consistent with law.

 

 

SB1717- 8 -LRB102 15240 SMS 20595 b

1    Proceedings in cases involving the registration or denial
2of registration of voters, the certification or denial of
3certification of candidates, the certification or denial of
4certification of ballot measures, and election contests shall
5be placed on the calendar in the order of their date of filing
6and shall be given precedence.
7(Source: Laws 1933, p. 435.)