HB3303 would amend the Illinois Election Code to create a new offense related to the distribution of deceptive digital media, often described as deepfakes, in the 90 days before an election. The bill defines “deepfake” as realistic video, audio, image, or other technological media that falsely appears to show a person speaking or acting when they did not, and it prohibits distributing such media when the distributor knows it is false and intends to harm a candidate’s reputation or change voters’ behavior by misleading them.
The bill includes several exceptions and safe harbors. It would not apply where the media contains a clear disclaimer that it has been manipulated and depicts speech or conduct that did not occur, or where the media is used in certain news, documentary, broadcast, or parody/satire contexts. It also allows a candidate depicted in a prohibited deepfake to seek injunctive or other equitable relief to stop publication. Violations would generally be a Class C misdemeanor, elevated to a Class A misdemeanor if intended to cause violence or bodily harm, and to a Class 3 felony for repeat violations within five years.
Impact
If enacted, HB3303 would add a new Section 29-21 to the Election Code and create state-level restrictions on election-related deepfake distribution. It would affect candidates, political advertisers, media creators, and others who distribute digitally altered content close to an election, while also imposing disclosure requirements and criminal penalties for noncompliance. The bill would also give candidates a civil remedy to seek court orders against deceptive media, thereby expanding both criminal and equitable enforcement tools in Illinois election law.
Sentiment
Based on the bill text alone and the absence of committee transcripts or recorded votes, the measure appears to be framed as a voter-protection and election-integrity proposal aimed at limiting deceptive AI-generated or digitally altered campaign content. The structure of the bill suggests support for transparency and disclosure, while preserving news, satire, and documentary uses. No recorded legislative debate or vote history is available here to indicate broader support or opposition.
Contention
The main points of contention likely involve balancing election integrity against free speech and press protections. Potential critics may argue that the bill could chill political speech, satire, parody, journalism, or legitimate campaign criticism, especially because it applies within 90 days of an election and includes criminal penalties. Supporters would likely emphasize the need to prevent manipulated media from misleading voters and damaging candidates through false depictions. The bill attempts to address these concerns through explicit exceptions for disclaimers, bona fide news coverage, and parody, but the scope of what counts as “materially deceptive” or “reasonably likely” to influence voters could still be disputed.
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