AN ACT TO AMEND THE SOUTH CAROLINA CODE OF LAWS BY ENACTING THE "UNIFORM CIVIL REMEDIES FOR UNAUTHORIZED DISCLOSURE OF INTIMATE IMAGES ACT" BY ADDING ARTICLE 3 TO CHAPTER 75, TITLE 15 SO AS TO DEFINE NECESSARY TERMS, CREATE A CIVIL ACTION FOR AN INDIVIDUAL WHO SUFFERS HARM FROM A PERSON'S INTENTIONAL OR THREATENED DISCLOSURE OF PRIVATE, INTIMATE IMAGES WITHOUT CONSENT, TO PROVIDE FOR THE RECOVERY OF CERTAIN DAMAGES, AND TO PROVIDE EXCEPTIONS TO LIABILITY.
H3049 enacts the “Uniform Civil Remedies for Unauthorized Disclosure of Intimate Images Act” in South Carolina. The bill creates a civil cause of action for a person who suffers harm from the intentional or threatened disclosure of a private intimate image without consent, including images that are authentic or that are generated or substantially modified using machine learning or other computer-generated means to falsely depict a person. It defines key terms such as consent, private, identifiable, harm, and intimate image, and it sets out the elements a plaintiff must prove, including that the image was private, the person was identifiable, and the defendant knew or acted with reckless disregard as to the lack of consent and privacy.
The bill also establishes exceptions and defenses. Liability does not attach for disclosures made in good faith to law enforcement, in legal proceedings, for medical education or treatment, in reporting unlawful or unwelcome conduct, or when related to a matter of public concern or reasonably intended to assist the depicted individual. It includes special protections for parents, guardians, and custodians of children, while limiting that protection if the disclosure was otherwise unlawful or made for sexual gratification, humiliation, or commercial gain. The bill authorizes sealing orders to protect plaintiffs’ identities, allows recovery of damages, statutory damages up to $10,000 per defendant, disgorgement of monetary gain, punitive damages, attorney’s fees, costs, and injunctive relief, and sets limitations periods for claims. It also directs that the new article be construed consistently with federal Communications Decency Act Section 230 and not alter sovereign immunity law.
The bill adds a new Article 3 to Chapter 75 of Title 15 of the South Carolina Code, creating a standalone civil remedy for nonconsensual disclosure of intimate images and related threats. It expands state civil law by giving victims a specific statutory claim and remedies, while also redesignating existing Chapter 75 provisions as Article 1. The act applies prospectively to causes of action accruing on or after its effective date and preserves existing rights and pending matters under general savings language.
The available voting history shows strong support for the bill: the House passed it on May 1, 2025 by a vote of 113-0. No committee transcript is available in the provided materials, but the unanimous vote suggests broad bipartisan agreement and little visible opposition at the chamber level. The bill’s sponsors also reflect bipartisan and cross-party support.
No recorded committee debate is provided, so specific objections are not documented in the materials. Based on the text, the most likely areas of concern are the scope of the exceptions, especially the public-concern and law-enforcement carveouts, the treatment of parents and guardians disclosing images of children, and the interaction with federal platform immunity under Section 230. The bill also addresses deepfake-style synthetic images, which may raise questions about proof, enforcement, and the breadth of liability, but no formal opposition is shown in the supplied record.