HB 1299 / SB 1346

The “Preventing Deepfake Images Act”—creates strong protections for individuals who are the subject of digitally manipulated intimate images, commonly known as deepfakes. The bill provides both civil and criminal penalties for those who create, distribute, or threaten to distribute such content without the subject’s knowing and voluntary consent.

The legislation defines “intimate digital depictions” as AI-generated or digitally altered images or videos that falsely portray an identifiable person in a sexually explicit manner. It makes it a Class E felony to knowingly disclose or solicit the disclosure of such content with intent to harass, threaten, or cause emotional, financial, or reputational harm. If the content is used to influence a government process or incite violence, the offense is elevated to a Class C felony.

The bill also allows victims to pursue civil action, including up to $150,000 in damages per violation, attorney’s fees, and injunctive relief. Importantly, it makes clear that disclaimers (e.g., “this image is fake”) are not a defense, and platforms are shielded from liability if they act in good faith to block or restrict such content.

In the age of artificial intelligence, deepfake pornography and digital impersonation are growing threats to personal privacy, reputation, and dignity. This bill empowers victims, deters malicious use of AI, and makes it clear that Tennessee will not tolerate digital exploitation under the guise of technological innovation.

By passing this legislation, Tennessee takes a proactive stand for individual privacy and consent, giving people legal tools to defend themselves against one of the most insidious abuses of AI technology.