ELEC CD-DECEPTIVE MATERIAL

Illinois General Assembly - Full Text of HB1860

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HB1860 - 104th General Assembly

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104TH GENERAL ASSEMBLY
State of Illinois
2025 and 2026
HB1860

Introduced 1/29/2025, by Rep. Abdelnasser Rashid

SYNOPSIS AS INTRODUCED:

10 ILCS 5/29-21 new

Amends the Election Code. Provides that a person shall not
distribute, or enter into an agreement with another person to distribute,
materially deceptive media if: (1) the person knows the media falsely
represents a depicted individual; (2) the distribution occurs within 90
days before an election; (3) the person intends the distribution to harm
the reputation or electoral prospects of a candidate in an election or
otherwise deceive voters; and (4) the person intends the distribution to
change the voting behavior of electors in an election by deceiving the
electors into incorrectly believing that the depicted individual in fact
engaged in the speech or conduct depicted, and the distribution is
reasonably likely to cause that result. Sets forth exceptions to the
provision and penalties for violations of the provision. Effective
immediately.
LRB104 10831 SPS 20912 b

A BILL FOR

HB1860
LRB104 10831 SPS 20912 b
1

AN ACT concerning elections.

2

Be it enacted by the People of the State of Illinois,
3
represented in the General Assembly:

4

Section 5.
The Election Code is amended by adding Section
5
29-21 as follows:

6

(10 ILCS 5/29-21 new)
7

Sec. 29-21.
Disclosure of digitally altered content.
8

(a) As used in this Section:
9

"Deepfake" means any video recording, motion-picture film,
10
sound recording, electronic image, or photograph, or any
11
technological representation of speech or conduct
12
substantially derivative of any one or more of those forms of
13
media:
14

(1) that is so realistic that a reasonable person
15

would believe it depicts speech or conduct of an
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individual who did not in fact engage in such speech or
17

conduct; and
18

(2) the production of which was substantially
19

dependent upon technical means rather than the ability of
20

another individual to physically or verbally impersonate
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the depicted individual.
22

"Depicted individual" means an individual in a deepfake
23
who appears to be engaging in speech or conduct in which the

HB1860
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LRB104 10831 SPS 20912 b
1
individual did not engage.
2

(b) Except as provided in subsection (b), a person shall
3
not distribute, or enter into an agreement with another person
4
to distribute, materially deceptive media if:
5

(1) the person knows the media falsely represents a
6

depicted individual;
7

(2) the distribution occurs within 90 days before an
8

election;
9

(3) the person intends the distribution to harm the
10

reputation or electoral prospects of a candidate in an
11

election or otherwise deceive voters; and
12

(4) the person intends the distribution to change the
13

voting behavior of electors in an election by deceiving
14

the electors into incorrectly believing that the depicted
15

individual in fact engaged in the speech or conduct
16

depicted, and the distribution is reasonably likely to
17

cause that result.
18

(c) The prohibition described in subsection (b) does not
19
apply:
20

(1) If the media includes a disclaimer informing the
21

viewer that the media has been manipulated by technical
22

means and depicts speech or conduct that did not occur.
23

The following disclaimer is sufficient, but not necessary,
24

to satisfy the requirement of this subsection:
25

"This (insert image, audio, or video) has been
26

manipulated by technical means and depicts speech or

HB1860
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LRB104 10831 SPS 20912 b
1

conduct that did not occur."
2

(2) If the media is a video, the disclaimer satisfies
3

all of the following requirements:
4

(A) it appears throughout the entirety of the
5

video;
6

(B) it is clearly visible to and readable by an
7

observer;
8

(C) it is in letters at least as large as the
9

majority of any text communication, or if there is no
10

other text communication, in a size that is easily
11

readable by the average viewer; and
12

(D) it is in the same language as the language used
13

in the video media.
14

(3) If the media consists only of audio and contains
15

no image or video, the disclaimer is read at the beginning
16

and end of the media in a clearly spoken manner, in a pitch
17

that can be easily heard by the average listener, and in
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the same language as the audio media.
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(4) If the media is an image, the disclaimer meets all
20

of the following requirements:
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(A) it is clearly visible to and readable by the
22

average viewer;
23

(B) it is in letters at least as large as the
24

majority of the other text, if the media contains
25

other text; and
26

(C) it is in the same language as the language used

HB1860
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LRB104 10831 SPS 20912 b
1

in the image media.
2

(5) If the media includes a citation directing the
3

viewer or listener to the original source from which the
4

unedited version of the existing image, audio, or video
5

was obtained, if the media was generated by editing an
6

existing image, audio, or video.
7

(d) A candidate whose appearance, action, or speech is
8
depicted through the use of a deceptive and fraudulent
9
deepfake in violation of subsection (b) may seek injunctive or
10
other equitable relief prohibiting the publication of such
11
deceptive and fraudulent deepfake.
12

(d) Except as otherwise provided in this subsection, a
13
person who violates subsection (b) commits a Class C
14
misdemeanor.
15

A person who violates subsection (b) with the intent to
16
cause violence or bodily harm commits a Class A misdemeanor.
17

A person who violates subsection (b) a second or
18
subsequent time within 5 years after a prior conviction for
19
violating subsection (b) commits a Class 3 felony.
20

(e) This Section does not apply to:
21

(1) a radio or television broadcasting station,
22

including a cable or satellite television operator,
23

programmer, or producer, that broadcasts a deceptive and
24

fraudulent deepfake prohibited by this Section as part of
25

a bona fide newscast, news interview, news documentary, or
26

on-the-spot coverage of bona fide news events, if the

HB1860
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LRB104 10831 SPS 20912 b
1

broadcast clearly acknowledges through content or a
2

disclosure, in a manner that can be easily heard or read by
3

the average listener or viewer, that there are questions
4

about the authenticity of the materially deceptive audio
5

or visual media;

6

(2) a radio or television broadcasting station,
7

including a cable or satellite television operator,
8

programmer, or producer, when it is paid to broadcast a
9

deceptive and fraudulent deepfake and has made a good
10

faith effort to establish the depiction is not a deceptive
11

and fraudulent deepfake;
12

(3) a website, or a regularly published newspaper,
13

magazine, or other periodical of general circulation,
14

including an Internet or electronic publication, that
15

routinely carries news and commentary of general interest,
16

and that publishes materially deceptive audio or visual
17

media prohibited by this Section, if the publication
18

clearly states that the materially deceptive audio or
19

visual media does not accurately represent the speech or
20

conduct of the candidate; or
21

(4) materially deceptive audio or visual media that
22

constitutes satire or parody.
23

(f) The provisions of this Section are severable under
24
Section 1.31 of the Statute on Statutes.

25

Section 99.
Effective date.
This Act takes effect upon
26
becoming law.

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