CONSENT Act

This bill, known as the CONSENT Act, establishes a private right of action against individuals who knowingly or recklessly transmit unsolicited intimate visual depictions. It defines "intimate visual depiction" broadly, encompassing both authentic images and intimate digital forgeries, which are deepfakes created using technology like AI that falsely represent an individual or content. The term "transmit" specifically refers to sending these depictions directly to one or more individuals, excluding public publishing.

Under this legislation, recipients aged 18 or older can bring a civil action, and legal guardians may sue on behalf of minors or incapacitated individuals. Plaintiffs have the option to use initials or pseudonyms in court filings to protect their privacy, particularly for minors. Successful plaintiffs can obtain either statutory damages of up to $1,000 or compensatory damages for emotional distress, along with reasonable attorney fees and injunctive relief to prevent further transmissions. Exceptions are made for transmissions for good faith medical, educational, or law enforcement purposes, and the bill clarifies that it does not modify criminal laws or abridge First Amendment rights.