According to the attorneys with Althauser Rayan Abbarno, the Washington state Legislature unanimously passed, and Governor Inslee signed, a new that repeals the current law imposing civil liability for wrongful disclosure of intimate images and replaces it with Uniform Civil Remedies for the Unauthorized Disclosure of Intimate Images Act (UCRUDIIA).
Uniform Civil Remedies for the Unauthorized Disclosure of Intimate Images Act.
In 2018, the Uniform Law Commission (ULC) promulgated the Uniform Civil Remedies for the Unauthorized Disclosure of Intimate Images Act (UCRUDIIA) which addresses the disclosure of private images of nudity or sexual conduct without consent. UCRUDIIA creates a civil cause of action for the unauthorized disclosure of intimate images, specifies exceptions to liability, sets forth provisions to address victims’ privacy, and provides various remedies, including punitive damages.
Causes of Action under UCRUDIIA
A depicted individual who is identifiable in a private intimate image, and who suffers harm from a person’s intentional disclosure or
threatened disclosure of the image without the depicted person’s consent has a cause of action against the disclosing person if that person knew or acted with reckless disregard for whether:
- the depicted individual did not consent to the disclosure;
- the intimate image was private; and
- the depicted individual was identifiable.
A person is not liable under UCRUDIIA if the disclosure of an intimate image was:
- made in good faith in law enforcement activities, legal proceedings, or medical education or treatment;
- made in good faith in reporting or investigating unlawful conduct or unsolicited and unwelcome conduct;
- related to a matter of public concern or public interest; or
- reasonably intended to assist the depicted individual.
Disclosure of intimate images is not a matter of public concern or public interest solely because the depicted individual is a public figure.
A defendant who is a parent, legal guardian, or individual with legal custody of a child is not liable for disclosure of an intimate image of the child. This exception does not apply if the disclosure was prohibited by law other than UCRUDIIA, or made for the purpose of sexual arousal, sexual gratification, humiliation, degradation, or monetary or commercial gain.
A prevailing plaintiff may recover the greater of:
- economic and noneconomic damages proximately caused by the defendant’s disclosure or threatened disclosure, including damages for emotional distress whether or not accompanied by other damages; or
- statutory damages not to exceed $10,000 against each liable defendant for all disclosures or threatened disclosures.
Contact an Althauser Rayan Abbarno attorney
For a consultation with our attorneys in Centralia or Olympia, call (360) 736-1301 or www.CentraliaLaw.com