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, effective July 1, 2025. It creates the "Preventing Deepfake Images Act" (39-17-1901) in Title 39, Chapter 17. Section 39-17-1902 defines deepfakes as AI-generated or AI-manipulated videos, images or audio that realistically portray something that did not occur. It also defines "intimate digital depiction" and related terms. Under 39-17-1903, a person who is the subject of an intimate digital depiction can sue anyone who intentionally discloses it without consent, if that person knew or recklessly disregarded that consent was missing. Consent to create a depiction is not consent to disclose it. Valid consent requires a plain-language signed agreement that describes the depiction. Guardians, estate representatives or family members may bring the action for minors, incompetent, incapacitated or deceased individuals, but the defendant cannot be named as representative. Under 39-17-1904, a plaintiff may recover the defendant's monetary gain, either 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 order restraining orders and injunctions, allow pseudonyms, and hold in camera proceedings. Good-faith disclosures to law enforcement, in legal proceedings, or to help the identifiable individual are exempt. A disclaimer that the depiction is unauthorized is not a defense. Section 39-17-1905 shields interactive computer service, information service and telecommunications providers from liability for good-faith efforts to restrict access, for providing technical means to restrict access, and for content provided by others. Section 39-17-1906 makes it a crime to disclose, threaten to disclose, or solicit disclosure of an intimate digital depiction with intent to harass, annoy, threaten, alarm, or harm finances or reputation. It also covers knowing or reckless disclosure that causes harm. The offense is a Class E felony, or a Class C felony if the depiction could reasonably be expected to affect a governmental proceeding (including an election) or facilitate violence. Disclaimers are not a defense, the same provider protections apply, and other criminal statutes still apply.

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