Relating to civil and criminal liability for the unlawful disclosure or promotion of certain intimate visual material; creating an offense.
If enacted, SB1135 would amend the Civil Practice and Remedies Code to include a new chapter concerning the unlawful disclosure of intimate visual materials, thereby extending legal protection to victims of such offenses. The bill outlines conditions under which liability is established and specifies the types of damages that victims can claim, including actual damages for mental anguish and attorney's fees. This law would affect how cases involving intimate material are handled, potentially leading to greater accountability for those who engage in distribution without consent and recognizing the harm that such actions can cause to individuals.
SB1135, titled the Relationship Privacy Act, seeks to establish civil and criminal liabilities for the unlawful disclosure or promotion of intimate visual material. The bill specifically defines 'intimate visual material' as content depicting a person engaged in sexual conduct or having their intimate parts exposed, and it provides a legal framework for individuals depicted in such materials to seek damages if that material has been disclosed without consent. By reinforcing the expectation of privacy, this legislation aims to protect individuals from non-consensual sharing of sensitive visual content.
The reception of SB1135 appears largely supportive among advocacy groups focused on privacy rights, particularly those aimed at protecting victims of revenge porn and similar violations. However, there might be concerns regarding the scope of the law and its implications for freedom of expression. Proponents view the bill as a significant step towards enhancing individual privacy rights in the digital age, while some critics may argue that it could inadvertently impede lawful expressions or reporting of sexual content.
Notable points of contention may arise around the definitions included in the bill, particularly concerning what constitutes intimate visual material and the balance between privacy rights and free speech. Some stakeholders could advocate for additional protections or clarifications on lawful disclosures, such as those in journalistic contexts or public interest reporting that might involve intimate material. The bill addresses these concerns with specific defenses, including exceptions for law enforcement, medical treatment disclosures, and situations where material is part of public exposure, but debate continues on how effectively those exceptions will serve both individual rights and broader societal interests.