Privacy Law Library

Preventing Deepfake Images Act

Preventing Deepfake Images Act

Artificial intelligence · Other

Creates a civil cause of action and a crime for intentionally disclosing a sexually explicit or intimate digital depiction of an identifiable person, created or altered by digital manipulation including AI deepfakes, without the person's consent. Consent to creation is not consent to disclosure, valid consent must be a signed plain-language agreement, and a disclaimer that the image is fake is not a defense.

Where
Tennessee
Citation
Tenn. Code Ann. §§ 39-17-1901 to 39-17-1906 (2025 Tenn. Pub. Acts ch. 466, SB 1346/HB 1299)
Status
In force
In force since
2025-07-01
Enforced by
Depicted individuals (civil action); district attorneys (criminal prosecution)
People can sue
Yes
Penalties
Civil plaintiffs may recover the defendant's monetary gain, actual damages (including emotional distress) or $150,000 liquidated damages, punitive damages, and fees, plus injunctions and pseudonymous proceedings. Criminal disclosure with intent to harass or with knowledge of harm is a Class E felony, or a Class C felony if it could affect a government proceeding or election or facilitate violence.
Applies to
  • Any person who discloses, threatens to disclose, or solicits disclosure of an AI-generated or digitally altered intimate depiction of an identifiable individual without consent
  • Interactive computer services and telecommunications providers are shielded for good-faith moderation and third-party content

Rights it gives people

  • Depicted individuals (or guardians of minors or incapacitated persons) may sue for damages, including $150,000 liquidated damages, and obtain injunctions and pseudonymous relief.Tenn. Code Ann. §§ 39-17-1903(b), 39-17-1904(a)-(c)

Practices it requires

  • Do not intentionally disclose an intimate digital depiction of an individual while knowing or recklessly disregarding that the individual has not consented.Tenn. Code Ann. § 39-17-1903(a)
  • It is a felony to disclose, threaten to disclose, or solicit disclosure of an intimate digital depiction with intent to harass or cause harm, or with knowledge or reckless disregard of resulting harm.Tenn. Code Ann. § 39-17-1906(a)-(b)

Other duties

  • Consent to disclosure is valid only in a signed, plain-language agreement that generally describes the depiction; consent to creation is not consent to disclosure.Tenn. Code Ann. § 39-17-1903(c)
  • A disclaimer that the depiction is unauthorized or fake is not a defense to civil or criminal liability.Tenn. Code Ann. §§ 39-17-1904(f), 39-17-1906(c)

Sources

Checked against these sources on 2026-09-25 by research agent (Claude), primary sources.

Unverified: The act also amends Title 28 (limitations period); that section was not reviewed.

Research reference, not legal advice.