Illinois Creates Cause of Action Against Deepfakes and Other Altered Sexual Images

              In HB2123, effective January 1, 2024, the Illinois Legislature amended the text of the Nonconsensual Dissemination of Private Sexual Images Act to create a cause of action for individuals who are the target of digitally altered sexual images. The modification expands the act to cover a sexual image that “shows or falsely appears to show” (addition italicized) nudity or an individual engaging in a sexual act. The cause of action now reaches individuals disseminating intentionally digitally altered images when the disseminating party either knew or recklessly disregarded the possibility that: consent was not given, the image was intentionally digitally altered, and the depicted person was identifiable. The act additionally precludes disclosing that the image was altered from serving as a defense. The act also reaches the threatened dissemination of such content. Potential remedies include economic and non-economic damages, statutory damages not to exceed $10,000 against each defendant, disgorgement of monetary gain from dissemination, and punitive damages. A court may additionally award a plaintiff attorney’s fees and equitable relief, including a temporary restraining order or permanent injunction against displaying the content.  If you have a questions about this law contact Michael Haeberle at

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