Subcommittee hears SB 418 to create civil remedy for unauthorized sexualized images; sponsors and members seek clarifications

Senate Bill 418, introduced by Chairman Burns, would create a civil cause of action for the unauthorized use of a person's image in sexualized or sexually explicit representations and provide a civil pathway that complements criminal remedies.

Chairman Burns said the bill would allow an aggrieved individual to sue anyone who knowingly used their photograph or image to represent them in sexualized material without consent. He said other states' legislative models informed the proposal and that the bill is not intended to criminalize protected speech but to give victims an expedited civil remedy beyond the slower criminal process.

He indicated willingness to accept clarifying amendments requested by stakeholders, including a carve-out to protect internet service providers, search engines, cloud hosts and similar intermediaries when they merely provide access, and to tighten cross-references to Georgia criminal code sections that define sexually explicit conduct.

Committee members asked whether the bill might conflict with the First Amendment and how it handles minors (consent and parental/guardian standing). Burns said the bill treats minors and deceased persons explicitly (longer statutes of limitation for minors) and that civil remedies would be stayed if criminal charges were filed. Several senators urged working language on platform liability, minors, and precise statutory citations before moving forward.

The subcommittee closed the hearing and requested technical amendments for the next meeting.