Law / United States / New York

Private right of action for unlawful dissemination or publication of a sexually explicit depiction (digital replica)

N.Y. Civ. Rights Law § 52-c

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What follows is LexLint's own research summary of this law, not legal advice.

In force since 3 May 2024.

An AI prohibited practices rule binding public and private bodies.

As of 6 September 2026.

What it requires

  • Do not disclose, disseminate or publish sexually explicit material depicting an identifiable person that was created or altered through digitization, including by artificial intelligence or machine learning, unless that person consented in the manner this section requires.

If you get it wrong

Private right of actionYes

What it makes you log

Who may demand the log

Court

What the log must hold

Consent or opt-out state

Logging duty

A depicted individual may consent to the creation, disclosure, dissemination or publication of sexually explicit material created through digitization only by knowingly and voluntarily signing an agreement, written in plain language, that describes the material and the work it will appear in. A person relying on that consent to avoid liability under this section cannot show it was given without producing the signed agreement the section requires.

Kind
Implicit
As of
21 September 2026
Provision
§ 52-c(3)(a)
Trigger
consent_or_optout

Who checks it

Audit expectation

on_request

What this law does

Drafted with AI from the cited sources under the direction of UnGovr staff. UnGovr holds editorial responsibility for this page.

A depicted individual has a civil cause of action against a person who discloses, disseminates or publishes sexually explicit material showing them that was created or altered through digitization (defined to include software, machine learning, artificial intelligence, or other computer-generated or technological means) without their consent, where the defendant knew or should have known that consent was lacking.

A disclaimer stating the depiction is unauthorized or fabricated is not a defense, and the finder of fact may award injunctive relief, punitive damages, compensatory damages, and attorney's fees.

When LexLint raises it

  • generates_content

Read the law

New York Consolidated Laws, Civil Rights Law, as published by the New York State Senate

Every line above is drawn from the primary source linked here, read on the date shown. This is a research summary, not legal advice.

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