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Senate committee advances bill creating civil remedy for nonconsensual intimate images
Summary
The Hawaii Senate Committee on Labor and Technology voted March 18 to pass HB1682 HD1 with amendments to create a civil cause of action for non‑consensual sharing of intimate images, add a definition of 'digital replica,' and strengthen court powers to remove and track disseminated images.
The Hawaii Senate Committee on Labor and Technology on March 18 advanced House Bill 1682, House Draft 1, which would create a civil cause of action for the non‑consensual disclosure of intimate images and add protections aimed at aiding survivors.
Supporters and experts urged the committee to pass the bill with safeguards. Caitlin Wolfe of the Uniform Law Commission said the measure ‘‘creates a cause of action where there is an intentional disclosure or threat to disclose a private intimate image of an identifiable individual without that individual's consent,’’ and that the bill includes confidentiality protections and clear exceptions. Dr. Holly Jacobs, founder of the Cyber Civil Rights Initiative and a survivor who described being targeted online, said the bill would let victims ‘‘force removal, hold perpetrators accountable, and rebuild their lives.’’
Why it matters: witnesses said criminal statutes provide deterrence but do not always offer a realistic path to redress. Testimony noted that a civil remedy can enable victims to obtain damages, attorneys’ fees and court orders to remove images and identify recipients.
Key changes the committee adopted include adding a definition of bodily injury consistent with HRS 707‑700, creating a definition of a ‘‘digital replica’’ (a computer‑generated, highly realistic representation), expanding the definition of ‘‘intimate image’’ to explicitly include digital replicas and images of deceased individuals whose rights would vest in the state, and directing courts to prohibit further dissemination and identify recipients of disclosed images.
Advocates framed the measure as narrowly tailored to protect privacy without unduly chilling speech. ‘‘This bill is narrowly tailored to further the compelling governmental interests of protecting sensitive private information without chilling freedom of expression,’’ said Dr. Mary Ann Franks, a First Amendment scholar who testified in support.
The committee voted to pass HB1682 with the chair’s recommended amendments. The recommendation was adopted by voice/roll call with no recorded opposition.
What's next: The bill moves forward in the Senate process with the committee’s amendments attached.
