Illinois Governor JB Pritzker signed the Artificial Intelligence Video Programming Act into law on August 12, 2024, establishing new transparency requirements for digital media. The legislation mandates that companies must secure consent before using artificial intelligence to alter a person’s likeness in videos for commercial or political purposes, addressing growing concerns over deepfake technology and election interference.
What the Illinois Artificial Intelligence Video Programming Act Changes
The law, officially designated as Public Act 103-0975, introduces specific protocols for the use of synthetic media. According to the text of the bill, any entity that uses generative AI to create a "deceptive" video of a person must include a clear, conspicuous disclosure.
For visual media, the disclosure must be printed in a font size that is easily readable and displayed for the duration of the video. In audio-only formats, the disclosure must be spoken at the beginning and end of the content. The act specifically targets content intended to depict a person performing an action they did not actually perform, or saying words they did not speak, if that content is distributed during an election cycle.
Why Illinois Legislated AI Disclosure Now
The move comes as state governments grapple with the rapid proliferation of generative AI tools. According to the National Conference of State Legislatures, Illinois is one of several states moving to regulate AI to prevent voter fraud and defamation.
Governor Pritzker’s office emphasized that the legislation serves as a safeguard for the democratic process. By requiring disclosure, the state aims to reduce the risk of voters being misled by sophisticated AI-generated content that mimics political candidates. Supporters of the bill argued that without such mandates, the barrier to creating convincing, false narratives has become dangerously low due to the accessibility of large language models and video synthesis software.
How the Law Affects Political Campaigns
The act imposes strict timelines for compliance, particularly during the 90 days preceding an election. During this "restricted period," the distribution of undisclosed, AI-generated content intended to influence the outcome of an election is prohibited.
The law provides a mechanism for legal recourse. Individuals who are depicted in deceptive AI media without their consent may seek injunctive relief or damages. This creates a civil liability framework, allowing those targeted by deepfakes to hold the creators or distributors accountable in court.
Comparison of AI Regulation Approaches
Illinois’ approach differs from federal efforts in its specific focus on video programming and consent. While the Federal Election Commission has explored rulemaking regarding AI-generated content in campaign advertisements, federal legislation remains in the discussion phase.
| Feature | Illinois Public Act 103-0975 | Federal Status |
|---|---|---|
| Primary Focus | Deepfake disclosure & consent | Ongoing rulemaking discussions |
| Legal Recourse | Civil damages/injunctions | Under review |
| Effective Date | January 1, 2025 | N/A |
Key Takeaways for Residents and Creators
- Disclosure Mandate: Any AI-altered video must carry a visible or audible disclaimer.
- Consent Requirement: Using a person’s likeness via AI for commercial or political gain without permission is now restricted.
- Election Protection: The law includes heightened protections during the 90-day window before an election.
- Effective Date: The provisions of the act take effect on January 1, 2025.
As the state prepares for the 2025 implementation, creators and political organizations are expected to adjust their production workflows to include mandatory labeling of synthetic assets. The law represents a significant step in establishing a legal standard for what constitutes "deceptive" digital content in the public sphere.