Illinois House Bill 2123 (HB 2123)

1. Overview

The Digital Forgeries Act was introduced by Illinois House Bill 2123, passed into law on July 28, 2023, and went into effect on January 1, 2024. Sexually exploited photographs that have been digitally changed, or so-called “deepfake” porn, are actionable offenses under this statute, revising the Civil Remedies for Nonconsensual Dissemination of Private Sexual Images statute. Under the law, persons whose likenesses are exploited in such publications without their agreement may bring civil lawsuits to collect damages and a preliminary or temporary injunction.

2. Scope of the Law

It is illegal to knowingly create, distribute, or post a sexually altered digital image of another individual without the consent of that individual. It is specifically aimed at photos presenting an individual in a sexual setting inappropriately, whether they were taken and manipulated or synthesized by artificial intelligence. The legislation states explicitly that covering up the fact that the image was manipulated is not a defense. 

3. Key Clauses

• Legal Cause of Action: Victims in nonconsensual deepfake pornography are able to launch a legal action against perpetrators.
•  Damages: Victims are allowed to collect statutory damages of up to $10,000 per defendant.
•  Injunctive Relief: Courts can grant interim restraining orders and permanent injunctions to prevent further distribution of the objectionable content.
• No Consent Defense: The no consent defense of digitally modifying the picture is unavailable if the individual did not consent to its being made or published.
• Exemptions: There are exceptions, e.g., for the police, court proceedings, medical teaching, or reporting criminal activity. But being a public figure or having a political message does not make the picture a matter of public concern.

4. Penalties & Enforcement

HB 2123 lacks criminal penalties, but it does create a civil cause of action. Private actions are brought by victims to enforce the law. This method gives individuals a chance to seek justice and remuneration for the harm that nonconsensual deepfake pornography has caused.

7.  Implications

For Victims: Victims whose images are utilised in unlawful deepfake pornography now have legal recourse, including financial reimbursement and the delisting of offensive content. 

For content creators: The creator of the content must note that they can face serious legal consequences if they make or disseminate sexually suggestive digital images without permission.

For Platforms: Online platforms hosting such content that refuse to delist nonconsensual deepfake pornography upon notice can be subject to lawsuits.

8. Future perspective

Illinois legislators can explore more action in response to increasing difficulties concerning AI-generated content as technology continues to evolve.