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Law / United States / Illinois

Right of Publicity Act, unauthorized AI digital replica prohibition

765 ILCS 1075/5, 20, 30, 35 (P.A. 103-0836, eff. Jan. 1, 2025)

A citation is an address, not a summary. The first part names the law; what follows narrows it to the exact section, article or paragraph.

In force since 1 January 2025.

An AI prohibited practices rule binding public and private bodies.

As of 6 September 2026.

What it requires

  • Do not knowingly distribute, transmit, or make available to the public a sound recording or audiovisual work that you know contains an unauthorized digital replica of a real person's voice, image, or likeness.
  • A digital replica used for news, public affairs, documentary, biographical, comment, criticism, or parody purposes falls outside this prohibition unless it falsely creates the impression that the depicted individual actually participated in the work.
  • If you only transmit, store, or provide access to user-supplied material, you are not liable for an unauthorized digital replica in it unless you have actual knowledge of it and fail to act expeditiously to remove or disable access.

If you get it wrong

Private right of actionYes

What it reaches

Obligation class

Prohibition, Consent

What this law does

Drafted with AI from the cited sources under the direction of UnGovr staff. UnGovr holds editorial responsibility for this page.

Section 5 defines a digital replica as a newly created electronic representation of an actual individual's voice, image, or likeness, made using a computer, algorithm, software, tool, artificial intelligence, or other technology, fixed in a sound recording or audiovisual work the individual did not actually perform in, that a reasonable person would believe is that individual.

Section 30(b) makes it unlawful to knowingly distribute, transmit, or make available to the public a sound recording or audiovisual work with actual knowledge that it contains an unauthorized digital replica, enforceable by the individual depicted or their authorized representative under Section 20; Section 35 exempts news, documentary, biographical, comment, criticism, and parody uses unless the replica falsely creates the impression that the individual actually participated.

A service provider that only transmits, stores, or provides access to the material carries a Digital Millennium Copyright Act (DMCA)-style safe harbor under Section 30(e) and (f) if it acts expeditiously once it has actual knowledge of the infringing replica.

When LexLint raises it

  • generates_content
  • processes_voice

Read the law

official text, Public Act 103-0836, Illinois General Assembly (ilga.gov)
no working codified-page URL for the amended sections resolves, so the enrolled Public Act text is the primary source here

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