DIGITAL FORGERIES IN POLITICS

Illinois General Assembly - 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,
3
represented in the General Assembly:

4

Section 1.
Short title.
This Act may be cited as the
5
Digital Forgeries in Politics Act.

6

Section 5.
Definitions.
As used in this Act:
7

"Digital forgery" means any audio or visual material that
8
has been created, materially manipulated, altered, or
9
annotated to appear to be a realistic record of an act, speech,
10
conduct, absence, or appearance of an individual that a
11
reasonable person would incorrectly believe to be a true
12
depiction of that individual and that falsely depicts an
13
individual engaged in speech or conduct in which the depicted
14
individual did not engage.
15

"Regular election" has the meaning given to that term in
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Section 1-3 of the Election Code.

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Section 10.
Civil action.
18

(a) An individual depicted in a digital forgery who is a
19
resident of Illinois and who is a candidate for office in this
20
State has a cause of action against any person who knowingly
21
distributes or enters into an agreement with another person to
22
distribute a digital forgery if:.

HB4557
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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
7
audiovisual material that includes a clear and conspicuous
8
disclaimer informing the viewer or listener that the media has
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been manipulated by technical means and depicts speech or
10
conduct that did not occur. The following disclaimer is
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sufficient, but not necessary, to satisfy the requirements
12
under this paragraph: "This (image, audio, or video) has been
13
manipulated by technical means and depicts speech or conduct
14
that did not occur.".
15

The court shall consider the following factors in
16
determining whether the disclaimer was clear and conspicuous:
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(1) if the media is a video, the media includes a
18

disclaimer that:
19

(A) appears throughout the entirety of the video;
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(B) is clearly visible to and readable by an
21

observer;
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(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
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the average viewer; and
26

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

HB4557
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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:
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(A) is clearly visible to and readable by the
11

average viewer;
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(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
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(4) if the media was generated by editing an existing
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image, audio, or video, the media includes a citation
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directing the viewer or listener to the original source
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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,
24
on the motion of a party, may issue a temporary restraining
25
order, preliminary injunction, or permanent injunction

HB4557
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LRB104 16403 JRC 29793 b
1
ordering the defendant to cease the display or distribution of
2
the 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
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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
17
under any other law of this State.

18

Section 97.
Severability.
The provisions of this Act are
19
severable under Section 1.31 of the Statute on Statutes.

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