Illinois House Bill 382 (HB 382)

1. Overview

Illinois passed House Bill 382 during 2023, a revision of the Civil Remedies for Nonconsensual Dissemination of Private Sexual Images Act. The legislation, effective January 1, 2024, expanded the definition of “depicted person” to include persons whose body or face is exhibited in whole or in part in a private or digitally modified sexual image. Any visual work, i.e., photographs, movies, videotapes, or digital files, created or substantially modified to resemble an honest representation of the look or conduct of an individual is also known as a “digitally altered sexual image.

2. The Law’s Extent

HB 382 safeguards individuals whose pictures are utilized for sexually explicit deepfakes without their consent. These individuals possess the legal entitlement to bring a civil action for damages and seek injunctive relief. It also makes clear that it is not a defense to fail to mention that the picture has been digitally manipulated. There are certain exceptions, for example, if the dissemination was necessary in good faith for law enforcement, legal proceedings, medical treatment, education, or a public interest. 

3. Major Clause

• Civil  Action: Victims of unlawful deepfake pornography can bring a civil action against perpetrators.
• Damages: Victims are entitled to statutory damages of not more than $10,000 for each defendant.
• Injunctive Relief: To prevent the offending material from further spreading, permanent as well as temporary restraining orders can be ordered by the courts.
• No Consent Defense: It is not a valid defense that the picture had been doctored electronically if the subject had not agreed to its production or dissemination.
• Exemptions: There are some exceptions to this rule, for example, for criminal investigation, criminal prosecution, medical training, or reporting of illegal activity. But being a picture of a public official or containing a political message is not a picture of public concern.

4. Fines & Enforcement

HB 382 is not a criminal bill but does allow for a civil cause of action. Victims can enforce the law by private actions. This approach provides citizens with a means of seeking justice and compensatory relief for nonconsensual deepfake pornography-caused injuries.

5. Comparison to Global Standards

HB 382 puts Illinois at the forefront of remedying the risks of AI-generated deepfakes using civil recourse. Other jurisdictions, like the Digital Services Act of the European Union, have enacted legislation mandating transparency in online content, but the Illinois bill is one of the first to specifically enumerate a remedy where an individual can seek recourse against unwanted use of their image in deepfake pornography.

6. Implications

• For Victims: Victims whose images are used in illegal deepfake pornography can now take legal recourse, including financial remuneration and the deletion of offending material.
• For Content Creators: Creators must be informed that creating or distributing digitally manipulated sexual images without authorization will have serious legal repercussions.
• For Platforms: Platforms on the internet that host such material may be legally pursued if they do not take down nonconsensual deepfake pornography when notified.

7. Future Outlook

With the development of technology, HB 382 can be used as a template for other legislations in states contemplating the regulation of the abuse of synthetic media by political campaign opponents. Ongoing debate and possible amendments will concern further tuning of the scale between safeguarding individual rights and safeguarding freedom of expression.