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 broadcast of a person's private body parts or of them engaged in sexually explicit conduct, 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 distribute it; valid consent must be in writing, clearly signed, and describe the image being shared. If a lawsuit is successful, the victim can recover financial damages, including any profit the distributor made, actual damages (which can include emotional distress), or a set amount of $150,000 in liquidated damages, plus punitive damages and legal costs. Courts can also order the distributor to stop sharing the image and can allow the victim to use a pseudonym to protect their privacy. However, this right to sue does not apply if the image was distributed in good faith to law enforcement for investigating unlawful activity or unwelcome conduct, as part of a legal proceeding, or if it was reasonably intended to help the individual depicted. Internet service providers are generally protected from liability for content shared by others, as long as they take good-faith steps to restrict access to such images. This law takes effect on July 1, 2026.

Justice

https://wapp.capitol.tn.gov/apps/Billinfo/default.aspx?BillNumber=SB2041&ga=114