Bill > HB2012

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 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 its distribution; valid consent must be in writing, clearly signed, and describe the image being shared. If a lawsuit is filed, the victim can seek financial compensation, including any profits made by the distributor, 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 distributor to stop sharing the image and can allow victims to use a pseudonym to protect their privacy. However, this right to sue does not apply if the image was shared in good faith for law enforcement purposes, as part of a legal proceeding, or to genuinely assist the individual depicted, and online service providers are generally protected from liability for content shared by others.