This bill amends the civil remedies available to victims of invasion of privacy related to the unauthorized recording or disclosure of sexual or intimate images, as outlined in section 1 of P.L.2003, c.206 (C.2C:14-9). It clarifies that consent to being photographed or recorded does not imply consent to the subsequent disclosure of those images. The bill allows victims to file complaints confidentially in the Law Division of the Superior Court, using fictitious names and without disclosing their addresses. It also increases the potential liquidated damages for violations from $1,000 to $10,000, while allowing for the recovery of actual damages, punitive damages, and attorney's fees.

Additionally, the bill introduces several exceptions to liability for actors who disclose or threaten to disclose intimate images under certain conditions, such as good faith disclosures to law enforcement or in legal proceedings, and disclosures related to public interest matters. It also specifies that parents or guardians are not liable for disclosing a child's image if the disclosure is lawful and not for exploitative purposes. Importantly, the bill ensures that its provisions do not conflict with federal law, specifically section 230 of the Communications Act of 1934, which provides immunity to internet service providers for third-party content.

Statutes affected:
Introduced: 2A:58D-1