SB418: SB418 Torts; cause of action against the knowing and unauthorized use of an individual's photograph or image together with representations of nudity or sexually explicit conduct; provide

26 SB 418/CSFA 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 to1 general provisions regarding torts, so as to authorize the Attorney General or an appropriate 2 prosecuting attorney to bring civil enforcement actions against the knowing and unauthorized3 use of an individual's photograph or image together with representations of nudity or sexually4 explicit conduct; to provide for stays of such civil enforcemen t actions; to provide for a5 limitation of liability; to provide for definitions; to provide for related matters; to repeal6 conflicting laws; and for other purposes.7 BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:8 SECTION 1.9 Chapter 1 of Title 51 of the Official Code of Georgia Annotated , relating to general10 provisions regarding torts, is amended by adding a new Code section to read as follows:11 "51-1-58.12 (a) As used in this Code section, the term:13 (1) 'Depiction' means any visual representation of an individu al or sexually explicit14 conduct.15 (2) 'Identifiable' means recognizable by a person other than the individual depicted.16 S. B. 418 - 1 - 26 SB 418/CSFA (3) 'Image' means any readily identifiable depiction of an individual, including, but not17 limited to, a photograph.18 (4) 'Individual' means a natural person, living or dead.19 (5) 'Nudity' shall have the same meaning as set forth in Code Section 16-11-90.20 (6) 'Photograph' means any photograph or photorealistic repres entation in any format,21 still or moving, of an individual.22 (7) 'Sexually explicit conduct' shall have the same meaning as set forth in Code Section23 16-12-100.24 (8) 'Use' or 'uses' means and includes personal use and use th at involves publication,25 performance, distribution, transmission, or otherwise making av ailable to the public26 irrespective of whether such use is for commercial purposes.27 (b) The Attorney General or an appropriate prosecuting attorne y may bring a civil28 enforcement action against any person, irrespective of such person's age, who knowingly29 uses an individual's image together at the same time with one or more depictions of nudity30 or sexually explicit conduct with the knowledge that such use was not authorized by such31 individual or, in the case of a minor, such minor's parent or legal guardian, or, in the case32 of a deceased individual, the executor or administrator, heirs, or devisees of such deceased33 individual. For violations of this Code section, the Attorney General or an appropriate34 prosecuting attorney shall be authorized to seek injunctive rel ief, civil penalties up to35 $10,000.00 per violation, or both.36 (c) Any civil enforcement action filed under subsection (b) of this Code section shall be37 stayed during the pendency of any criminal action arising out o f the same occurrence38 giving rise to such enforcement action.39 (d) Notwithstanding any other law to the contrary, an action m ay be brought under40 subsection (b) of this Code section within ten years after:41 (1) The civil enforcement action arose; or42 S. B. 418 - 2 - 26 SB 418/CSFA (2) The individual victim reaches 18 years of age, if such individual was a minor at the43 time of the alleged violation.44 (e) No internet service provider, search engine provider, cloud service provider, or affiliate45 or subsidiary thereof shall be liable under this Code section solely on the basis of providing46 access or connection to or from a website, other information or content on the internet, or47 a facility, system, or network not under the control of such pr ovider, including, but not48 limited to, the transmission, download, intermediate storage, or access software of content49 that is a depiction of nudity or sexually explicit conduct except to the extent such provider50 is responsible for the creation of such depiction."51 SECTION 2.52 All laws and parts of laws in conflict with this Act are repealed.53 S. B. 418 - 3 -