AI Frontier Institute

AN ACT to amend Tennessee Code Annotated, Title 28 and Title 39, Chapter 17, relative to the unauthorized use of deepfake or actual likeness.

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Tennessee Public Chapter 466 (SB 1346, substituted for HB 1299) is law. It adds a new part to Title 39, Chapter 17 of the Tennessee Code, the "Preventing Deepfake Images Act" (39-17-1901). It defines deepfakes as videos, images, or audio generated or manipulated by AI to realistically portray something that did not occur (39-17-1902). It also defines "intimate digital depiction" as a realistic digital image that appears to show uncovered genitals, pubic area, anus, or a postpubescent female nipple, bodily sexual fluids, or sexually explicit conduct. Civil action (39-17-1903): a person depicted in such an image that is intentionally disclosed without consent may sue the discloser if the discloser knew, or recklessly disregarded, that consent was lacking. Guardians, estate representatives, or family members may act for minors, incompetent, incapacitated, or deceased people. Consent to creation is not consent to disclosure. Valid consent requires a plain-language signed agreement that describes the depiction. Remedies (39-17-1904): the defendant's monetary gain; actual damages (including emotional distress) or $150,000 in liquidated damages; punitive damages under § 29-39-104; and costs and attorney's fees. Courts may issue restraining orders and injunctions, allow pseudonyms, and hold in camera proceedings. Good-faith disclosures to law enforcement, in legal proceedings, or to help the depicted person are exempt. A disclaimer that the image is unauthorized is no defense. Platform protections (39-17-1905): providers of interactive computer, information, or telecommunications services are not liable for good-faith efforts to restrict access, for providing technical means to restrict access, or for content supplied by others. Criminal penalties (39-17-1906): it is an offense to disclose, threaten to disclose, or solicit disclosure of an intimate digital depiction with intent to harass, annoy, threaten, alarm, or cause substantial financial or reputational harm, or with knowledge or reckless disregard that it will cause physical, emotional, reputational, or economic harm. The offense is a Class E felony, raised to Class C if it could reasonably be expected to affect a governmental proceeding (including an election) or facilitate violence. Other criminal statutes still apply. The act takes effect July 1, 2025 (Section 3).

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