TN SB1346: AN ACT to amend Tennessee Code Annotated, Title 28 and Title 39, Chapter 17, relative to the unauthorized use of deepfake or actual likeness.

In one paragraph

Tennessee's SB 1346, the Preventing Deepfake Images Act (Tenn. Code § 39-17-1901 et seq.), lets a person shown in an intimate digital depiction (a realistic digitally created or altered image appearing to show them nude or in sexual conduct) sue anyone who intentionally discloses it knowing, or recklessly disregarding, that they did not consent. Remedies: the defendant's gains, actual or $150,000 liquidated damages, punitive damages and fees. Disclosing or threatening to disclose one to harass or harm is a Class E felony (Class C if reasonably expected to affect a government proceeding or election, or to facilitate violence). Signed May 9, 2025 (Public Chapter 466); effective July 1, 2025.

Plain-English summary, written with AI assistance. The official text controls.

What it means for business

Online platforms and information or telecom services are not liable for others' content or good-faith removal. Anyone who intentionally discloses an intimate digital depiction without written consent risks suits ($150,000 liquidated damages) and, if meant to harass or harm, felony charges.

Key provisions

1. 1Defines deepfakes as videos, images or audio generated or manipulated by AI to realistically portray something that did not occur; the civil and criminal rules apply to intimate digital depictions: realistic depictions created or altered by digital manipulation that appear to show an identifiable person's intimate parts, bodily sexual fluids, or sexually explicit conduct
2. 2Civil action (§ 39-17-1903) against a person who intentionally discloses the depiction knowing or recklessly disregarding the lack of consent; for minors and incapacitated or deceased individuals, a guardian, estate representative, family member or court-appointed person may sue, never the defendant
3. 3Consent to creation is not consent to disclosure; consent is valid only in a plain-language written agreement signed knowingly and voluntarily that generally describes the depiction and any work it will be part of
4. 4Remedies: the defendant's monetary gain; actual damages (including emotional distress) or $150,000 liquidated damages; punitive damages; costs and reasonable attorney fees; injunctions, pseudonymous plaintiffs and in camera proceedings
5. 5No civil claim for good-faith disclosures to or by law enforcement, in legal proceedings, or to assist the depicted individual; a disclaimer that the depiction was unauthorized is no defense, civil or criminal
6. 6Crime (§ 39-17-1906): disclosing, threatening to disclose, or soliciting disclosure with intent to harass, annoy, threaten, alarm or cause substantial financial or reputational harm, or knowing or recklessly disregarding that it will cause physical, emotional, reputational or economic harm; Class E felony, Class C felony if it could reasonably be expected to affect a governmental proceeding (including an election) or facilitate violence
7. 7Interactive computer, information and telecommunications service providers are not liable for good-faith steps to restrict access, for providing the technical means to restrict access, or for content provided by another person
8. 8Passed the Senate 32-0 (April 15, 2025) and the House 94-0 (April 21, 2025, substituted for companion HB 1299); signed May 9, 2025 (Public Chapter 466); effective July 1, 2025

Latest legislative action

May 15, 2025. Pub. Ch. 466 (signed by the Governor May 9, 2025)

Sponsors (showing 5 of 8)

Roll call votes