IL HB3851: SCH CD-CYBER-BULLYING

In one paragraph

Illinois' Public Act 104-0338 (HB 3851) amends the School Code's bullying prevention section (Section 27-23.7). Beginning with the 2026-2027 school year, "cyber-bullying" also includes posting or distributing an unauthorized digital replica, meaning a digital replica of an individual used without the depicted individual's consent, by electronic means if it causes any of the harms in the bullying definition. "Digital replica" has its meaning in the Digital Voice and Likeness Protection Act, which covers replicas made with AI or other technology. The act also lists posting or distributing sexually explicit images as a form of bullying. Approved August 15, 2025; effective July 1, 2026.

Plain-English summary, written with AI assistance. The official text controls.

What it means for business

No duties for businesses other than covered non-public schools. Covered Illinois schools' bullying policies must include the Section's definition, which from the 2026-2027 school year counts posting or distributing a nonconsensual digital replica causing the listed harms as cyber-bullying.

Key provisions

1. 1Amends School Code Section 27-23.7 (bullying prevention), which covers school districts, charter schools and non-public, non-sectarian elementary and secondary schools
2. 2Beginning with the 2026-2027 school year, "cyber-bullying" also includes the posting or distribution of an unauthorized digital replica by electronic means if it creates any of the effects in the definition of bullying
3. 3Unauthorized digital replica: the use of a digital replica of an individual without the consent of the depicted individual
4. 4"Digital replica" and "artificial intelligence" have the meanings in the Digital Voice and Likeness Protection Act, where a digital replica is a newly created electronic representation of an actual individual's identity, made with a computer, algorithm, software, tool, AI or other technology, fixed in a sound recording or audiovisual work in which the individual did not actually perform or appear, and so realistic that a reasonable observer would believe it is a performance by that individual and no other
5. 5Bullying effects: placing students in reasonable fear of harm to person or property, a substantially detrimental effect on physical or mental health, or substantial interference with academic performance or with participating in school services, activities or privileges
6. 6Adds posting or distributing sexually explicit images to the illustrative list of forms bullying may take
7. 7Approved by the Governor August 15, 2025 (Public Act 104-0338); effective July 1, 2026

Latest legislative action

Aug 15, 2025. Public Act . . . . . . . . . 104-0338

Sponsors (showing 5 of 26)

Roll call votes

Amendments (3)

• House Amendment 001 Not adopted 2025-04-04
• Senate Amendment 001 Not adopted 2025-05-08
• Senate Amendment 002 Not adopted 2025-05-13

Related and companion bills

• Illinois HB5848SCH CD-BULLYING-DEEPFAKE
• Illinois HB0299Education-Tech