Bill Status of HB1912 102nd General Assembly
Short Description: DISSEMINATE PRIV IMAGE-VARIOUS
Rep. Deanne M. Mazzochi - Chris Bos and Jonathan Carroll
| 3/27/2021||House||Rule 19(a) / Re-referred to Rules Committee|
Statutes Amended In Order of Appearance
Synopsis As Introduced
Amends the Civil Remedies for Nonconsensual Dissemination of Private Sexual Images Act. Provides that a depicted individual may bring an action if the person reasonably expects to suffer actual harm (rather than only suffer harm) from the intentional dissemination or threatened dissemination of a private sexual image. Provides that any interactive computer service that disseminates or threatens to disseminate content provided by another person that constitutes a private sexual image is prohibited. Provides that an individual depicted in a private sexual image has an individual interest or in determining the right to license, sell, transmit, profit, or otherwise set terms to permit or exclude access to the private sexual image. Provides that if an interactive computer service fails to remove a private sexual image at the request of an individual who holds an intellectual property image right to the private sexual image, the interactive computer service is subject to appropriate remedies or at least $1,000 per day for each day that the request to remove the private sexual image is not honored, whichever is greater. Provides additional liability exceptions. Provides that the statutory damages a plaintiff may recover shall be at least $500 per occurrence (rather than shall not exceed $10,000). Provides that the voluntary removal of private sexual images or the failure to proceed on a threatened dissemination of private sexual images shall reduce the statutory damages by 50%. Provides that the punitive damages a plaintiff may recover shall be for extraordinary, willful, and wanton behavior, litigation misconduct during enforcement proceedings, or both. Changes the statute of limitations. Makes other changes.