Bill > SB418

This bill creates a new law in Georgia that allows the Attorney General or a prosecuting attorney to file a civil lawsuit against anyone who knowingly and without authorization uses an individual's photograph or image alongside depictions of nudity or sexually explicit conduct. "Depiction" refers to any visual representation of a person or sexually explicit activity, and "image" specifically includes photographs or photorealistic representations that are readily identifiable. "Use" is broadly defined to include making such content available to the public, even if not for commercial purposes. If found in violation, the offender could face court orders to stop the use (injunctive relief) and/or civil penalties of up to $10,000 per violation. Importantly, any such civil lawsuit will be paused if a criminal case related to the same incident is ongoing, and these lawsuits can be filed up to ten years after the violation or until a minor victim turns 18. The bill also provides a limitation of liability for internet service providers, search engines, and cloud storage providers, meaning they generally won't be held responsible for hosting or transmitting such content unless they were directly involved in creating it.