Senate Bill 418
By: Senators Burns of the 23rd, Parent of the 44th, Anavitarte of the 31st, Still of the 48th,
Hatchett of the 50th and others
AS PASSED SENATE
A BILL TO BE ENTITLED
AN ACT
To amend Chapter 1 of Title 51 of the Official Code of Georgia Annotated, relating to
general provisions regarding torts, so as to authorize the Attorney General or an appropriate
prosecuting attorney to bring civil enforcement actions against the knowing and unauthorized
use of an individual's photograph or image together with representations of nudity or sexually
explicit conduct; to provide for stays of such civil enforcement actions; to provide for a
limitation of liability; to provide for definitions; to provide for related matters; to repeal
conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
SECTION 1.
Chapter 1 of Title 51 of the Official Code of Georgia Annotated, relating to general
provisions regarding torts, is amended by adding a new Code section to read as follows:
<ins>"51-1-58.
(a) As used in this Code section, the term:
(1) 'Depiction' means any visual representation of an individual or sexually explicit
conduct.
(2) 'Identifiable' means recognizable by a person other than the individual depicted.
</ins>
<ins>(3) 'Image' means any readily identifiable depiction of an individual, including, but not
limited to, a photograph.
(4) 'Individual' means a natural person, living or dead.
(5) 'Nudity' shall have the same meaning as set forth in Code Section 16-11-90.
(6) 'Photograph' means any photograph or photorealistic representation in any format,
still or moving, of an individual.
(7) 'Sexually explicit conduct' shall have the same meaning as set forth in Code Section
16-12-100.
(8) 'Use' or 'uses' means and includes personal use and use that involves publication,
performance, distribution, transmission, or otherwise making available to the public
irrespective of whether such use is for commercial purposes.
(b) The Attorney General or an appropriate prosecuting attorney may bring a civil
enforcement action against any person, irrespective of such person's age, who knowingly
uses an individual's image together at the same time with one or more depictions of nudity
or sexually explicit conduct with the knowledge that such use was not authorized by such
individual or, in the case of a minor, such minor's parent or legal guardian, or, in the case
of a deceased individual, the executor or administrator, heirs, or devisees of such deceased
individual. For violations of this Code section, the Attorney General or an appropriate
prosecuting attorney shall be authorized to seek injunctive relief, civil penalties up to
$10,000.00 per violation, or both.
(c) Any civil enforcement action filed under subsection (b) of this Code section shall be
stayed during the pendency of any criminal action arising out of the same occurrence
giving rise to such enforcement action.
(d) Notwithstanding any other law to the contrary, an action may be brought under
subsection (b) of this Code section within ten years after:
(1) The civil enforcement action arose; or
</ins>
<ins>(2) The individual victim reaches 18 years of age, if such individual was a minor at the
time of the alleged violation.
(e) No internet service provider, search engine provider, cloud service provider, or affiliate
or subsidiary thereof shall be liable under this Code section solely on the basis of providing
access or connection to or from a website, other information or content on the internet, or
a facility, system, or network not under the control of such provider, including, but not
limited to, the transmission, download, intermediate storage, or access software of content
that is a depiction of nudity or sexually explicit conduct except to the extent such provider
is responsible for the creation of such depiction."
</ins> SECTION 2.
All laws and parts of laws in conflict with this Act are repealed.