The "Sue VOYEURS Act" allows individuals to sue those who capture and distribute intimate images of them without consent, providing a legal avenue for victims to seek damages and prevent further distribution.
Nancy Mace
Representative
SC-1
The "Sue VOYEURS Act" allows individuals to sue those who capture intimate images of them without their consent, provided the individual had a reasonable expectation of privacy. Victims can recover damages up to $150,000 per image, plus legal costs, and courts can issue injunctions to stop the display or disclosure of the images. This law does not apply to law enforcement with a lawful warrant. The act defines key terms such as "capture," "consent," "intimate visual depiction," and "reasonable expectation of privacy" to clarify the scope and application of the law.
Sue VOYEURS Act: New Bill Lets You Sue Over Non-Consensual Intimate Images
The "Sue Victimizers and Offenders who Yield Explicit Unconsented Recordings Surreptitiously Act"—or the "Sue VOYEURS Act" for short—is pretty straightforward: It lets you sue someone in federal court if they capture an "intimate visual depiction" of you without your consent, and you had a reasonable expectation of privacy at the time.
Taking Back Control
This bill is all about giving people power over their own image, especially in private moments. It creates a federal right to sue, meaning you can take someone to court if they violate your privacy in this way. And it's not just about taking pictures—it covers videotaping, filming, recording, or even broadcasting. The bill lays out serious penalties, too. Think up to $150,000 in damages per image, plus legal costs, and court orders to stop the images from being shown or shared. (Section 2).
What Counts as "Intimate" and "Without Consent"?
This is where the bill gets specific. "Intimate visual depiction" means images of you naked, in your underwear, or where bodily fluids are shown or transferred, or engaged in sexually explicit conduct. It also covers situations where those images are taken in public, if you didn't voluntarily display yourself or consent to the sexual conduct. "Consent" means you actively agreed, and weren't forced or tricked into it. "Reasonable expectation of privacy" is defined as any time you'd believe you could disrobe in private, or reasonably expect that your private parts wouldn't be visible to the public. (Section 2).
Imagine someone secretly filming in a locker room, or taking a photo up someone's skirt. These are the kinds of situations this law is designed to address.
The Bigger Picture
This bill recognizes that non-consensual image sharing is a serious violation, with potentially devastating consequences. By providing a clear legal path for victims, and significant financial penalties, the Sue VOYEURS Act aims to deter this kind of behavior. It also acknowledges that these kinds of violations often involve interstate commerce – think internet uploads or even just traveling across state lines. The bill makes an exception for law enforcement doing legitimate surveillance with a warrant, so it's not about hindering police work. (Section 2).
It will be interesting to see how the "reasonable expectation of privacy" clause is interpreted, especially in semi-public spaces. But overall, this bill is a major step toward protecting personal privacy in the digital age.