Bill > SB2041

This bill establishes a new civil right for individuals in Tennessee whose intimate images are shared without their consent, allowing them to sue the person who distributed the image. An "intimate image" is defined as a photo, video, or social media broadcast of a person's private body parts or of them engaged in sexually explicit activity, and "distribute" means to share, publish, or make such an image accessible. Crucially, consent to create an intimate image does not automatically mean consent to its distribution; valid consent must be in writing, clearly signed, and describe the image being shared. If an individual wins a lawsuit, they can recover any profits the defendant made from the distribution, their actual damages including emotional distress, or a set amount of $150,000 in liquidated damages, plus punitive damages and legal costs. Courts can also order the removal of the image and protect the plaintiff's identity by allowing them to use a pseudonym. However, this right to sue does not apply if the image was shared in good faith for law enforcement purposes to report or investigate unlawful or unwelcome conduct, as part of a legal proceeding, or if it was reasonably intended to help the individual depicted. The bill also clarifies that online service providers are not liable for actions taken in good faith to restrict access to such images or for content provided by others.