Committee approves substitute to let attorney general bring civil enforcement for image exploitation

A committee unanimously approved a substitute to SB 418 that creates civil enforcement by the attorney general (or an appropriate prosecuting attorney, as the committee amended) for unauthorized, sexually explicit uses of a person’s image.

The bill’s presenter described SB 418 as an "image protection" measure aimed particularly at minors, saying it would allow the attorney general to bring civil actions seeking injunctive relief or civil penalties (testimony referenced penalties up to $1,000 per violation) and would provide a 10‑year window for minors to seek relief after they turn 18.

The presenter said the substitute moves enforcement into civil action handled by the attorney general and also clarifies that Internet service providers that only provide access or connection are not liable. “It creates a civil enforcement mechanism … where any person knowingly uses an individual’s image together with depictions of explicit conduct with the knowledge that such use was not authorized as subject to civil enforcement by the attorney general of the state of Georgia,” the author said.

Committee members asked how enforcement would work and whether other prosecutors could bring actions. Senator Steele proposed replacing references to only the attorney general with "appropriate prosecuting attorney;" legislative counsel advised that the term "prosecuting attorney" is commonly used in the code to encompass local prosecutors. The author accepted that as a friendly amendment; the committee approved the amendment and then passed the substitute unanimously.

What happens next: The committee vote advances the substitute to the next legislative stage; sponsors said they are open to additional drafting to refine standing and enforcement language.