Bill > SB2448

This bill establishes the Uniform Civil Remedies for Unauthorized Disclosure of Intimate Images Act, creating a new legal framework to address the non-consensual sharing of intimate images. It defines key terms such as "intimate image" (which includes images depicting nudity or sexual conduct), "disclosure" (transferring or distributing an image), and "consent" (affirmative and voluntary authorization). The Act grants individuals a civil cause of action against anyone who intentionally discloses or threatens to disclose a private intimate image without their consent, provided the person knew or recklessly disregarded that the individual did not consent, the image was private, and the depicted individual was identifiable. Importantly, consent to the creation of an image or previous consensual sharing does not automatically imply consent to further disclosure. The bill outlines exceptions to liability, such as disclosures made in good faith for law enforcement, legal proceedings, medical purposes, reporting unlawful conduct, or matters of public concern, though being a public figure alone does not qualify as a matter of public interest. It also includes provisions for protecting the privacy of plaintiffs in legal actions and specifies remedies for prevailing plaintiffs, including damages, recovery of the defendant's financial gain, costs for image removal, and potential attorney fees. The Act also addresses the statute of limitations for bringing such actions, including provisions for minors, and clarifies that rights under the Act extend to the estates of deceased individuals.

Justice, Labor and Employment

https://www.capitol.hawaii.gov/session/measure_indiv.aspx?billtype=SB&billnumber=2448&year=2026