WHAT THIS BILL REGULATES · 1 REQUIREMENT TYPE
How Is This Bill Enforced
Verbatim statutory text on the left; plain-language analysis and a per-section checklist on the right. Numbered markers cross-link to the matching checklist row.
(1)–(6) As used in this part: (1) "Artificial intelligenceArtificial intelligence"Artificial intelligence" or "A.I.": (A) Means a machine-based system that: (i) Can, for a set of human-defined objectives, make predictions, recommendations, or decisions influencing real and virtual environments without significant human oversight, or that can learn from experience in an automated manner and improve the system's performance when exposed to data sets; or (ii) Is developed in any context, including software or physical hardware, and solves tasks requiring human-like perception, cognition, planning, learning, communication, or physical action; and (B) Includes generative artificial intelligence;Tenn. Code Ann. § 47-18-5701(1)" or "A.I.": (A) Means a machine-based system that: (i) Can, for a set of human-defined objectives, make predictions, recommendations, or decisions influencing real and virtual environments without significant human oversight, or that can learn from experience in an automated manner and improve the system's performance when exposed to data sets; or (ii) Is developed in any context, including software or physical hardware, and solves tasks requiring human-like perception, cognition, planning, learning, communication, or physical action; and (B) Includes generative artificial intelligenceGenerative artificial intelligence"Generative artificial intelligence" means an artificial intelligence system that is capable of creating new content or data, including text, images, audio, or video, when prompted by an individual;Tenn. Code Ann. § 47-18-5701(4); (2) "DisclosureDisclosure"Disclosure" means a clear and conspicuous notice, appropriate for the medium of the content, that identifies that content as A.I.-generated;Tenn. Code Ann. § 47-18-5701(2)" means a clear and conspicuous notice, appropriate for the medium of the content, that identifies that content as A.I.-generated; (3) "DistributeDistribute"Distribute" means to give content, including text, an image, audio, or video, directly to a person, or to disseminate the material in such a manner that the person disseminating the material should reasonably know the material will be accessed by other persons;Tenn. Code Ann. § 47-18-5701(3)" means to give content, including text, an image, audio, or video, directly to a personPerson"Person" means an individual or entity, including a corporation, partnership, association, or other legal organization.Tenn. Code Ann. § 47-18-5701(6), or to disseminate the material in such a manner that the personPerson"Person" means an individual or entity, including a corporation, partnership, association, or other legal organization.Tenn. Code Ann. § 47-18-5701(6) disseminating the material should reasonably know the material will be accessed by other personsPerson"Person" means an individual or entity, including a corporation, partnership, association, or other legal organization.Tenn. Code Ann. § 47-18-5701(6); (4) "Generative artificial intelligenceGenerative artificial intelligence"Generative artificial intelligence" means an artificial intelligence system that is capable of creating new content or data, including text, images, audio, or video, when prompted by an individual;Tenn. Code Ann. § 47-18-5701(4)" means an artificial intelligenceArtificial intelligence"Artificial intelligence" or "A.I.": (A) Means a machine-based system that: (i) Can, for a set of human-defined objectives, make predictions, recommendations, or decisions influencing real and virtual environments without significant human oversight, or that can learn from experience in an automated manner and improve the system's performance when exposed to data sets; or (ii) Is developed in any context, including software or physical hardware, and solves tasks requiring human-like perception, cognition, planning, learning, communication, or physical action; and (B) Includes generative artificial intelligence;Tenn. Code Ann. § 47-18-5701(1) system that is capable of creating new content or data, including text, images, audio, or video, when prompted by an individual; (5) "LikenessLikeness"Likeness" means an individual's specific image or appearance or voice;Tenn. Code Ann. § 47-18-5701(5)" means an individual's specific image or appearance or voice; and (6) "PersonPerson"Person" means an individual or entity, including a corporation, partnership, association, or other legal organization.Tenn. Code Ann. § 47-18-5701(6)" means an individual or entity, including a corporation, partnership, association, or other legal organization.
This section establishes the defined terms for the new part. Notably, the definition of artificial intelligence is broad, covering both predictive/decision-making systems and generative AI. Disclosure is defined as a clear and conspicuous notice appropriate for the content medium. Likeness encompasses an individual's image, appearance, or voice, and distribute captures both direct delivery and dissemination where the disseminator should reasonably know others will access the material.
(a)(1)–(2) 1 A personPerson"Person" means an individual or entity, including a corporation, partnership, association, or other legal organization.Tenn. Code Ann. § 47-18-5701(6) shall include a disclosureDisclosure"Disclosure" means a clear and conspicuous notice, appropriate for the medium of the content, that identifies that content as A.I.-generated;Tenn. Code Ann. § 47-18-5701(2) on the following content when it is generated using A.I.: (A) An image, video, or audio recording, including a song, using the likeness of another individual; or (B) A piece of literature or other written work, including a news story, when the literature or other written work is written by an individual other than the individual listed as the author. (2) The disclosureDisclosure"Disclosure" means a clear and conspicuous notice, appropriate for the medium of the content, that identifies that content as A.I.-generated;Tenn. Code Ann. § 47-18-5701(2) must be implemented prior to distribution of the content within this state and is required regardless of whether consent to create the content was given by the individual whose likenessLikeness"Likeness" means an individual's specific image or appearance or voice;Tenn. Code Ann. § 47-18-5701(5) or writing is depicted.
(b) 1 The disclosureDisclosure"Disclosure" means a clear and conspicuous notice, appropriate for the medium of the content, that identifies that content as A.I.-generated;Tenn. Code Ann. § 47-18-5701(2) required by subsection (a) must be included regardless of whether the content is distributed: (1) In the same form as it was generated; or (2) After modification by a personPerson"Person" means an individual or entity, including a corporation, partnership, association, or other legal organization.Tenn. Code Ann. § 47-18-5701(6).
This section imposes the bill's core substantive obligation: any person who generates AI content using another individual's likeness (image, video, audio including songs) or who produces AI-generated literature or written works attributed to someone other than the actual author must include a clear and conspicuous disclosure identifying the content as AI-generated. The disclosure must be applied before distribution in Tennessee and is required regardless of whether the depicted individual consented to the creation.
The obligation also applies regardless of whether the content is distributed in its original generated form or after modification by a person, closing what would otherwise be a significant loophole for edited or remixed AI content.
(a)–(b) If a personPerson"Person" means an individual or entity, including a corporation, partnership, association, or other legal organization.Tenn. Code Ann. § 47-18-5701(6) has reason to believe a violation of § 47-18-5702 has occurred or is occurring, then the personPerson"Person" means an individual or entity, including a corporation, partnership, association, or other legal organization.Tenn. Code Ann. § 47-18-5701(6) may bring a cause of action in a court of competent jurisdiction. (b) If the court finds that a personPerson"Person" means an individual or entity, including a corporation, partnership, association, or other legal organization.Tenn. Code Ann. § 47-18-5701(6) distributed A.I.-generated content without the disclosureDisclosure"Disclosure" means a clear and conspicuous notice, appropriate for the medium of the content, that identifies that content as A.I.-generated;Tenn. Code Ann. § 47-18-5701(2) required by § 47-18-5702, then the court must issue an injunction and award to the prevailing party: (1) Actual damages; (2) Punitive damages, if any; and (3) Reasonable attorneys' fees and court costs.
This section creates a private right of action for any person who has reason to believe a violation of the disclosure requirement has occurred or is occurring. The standing threshold is notably low — reason to believe a violation occurred, rather than injury in fact. Upon a finding of a violation, the court must issue an injunction and award actual damages, punitive damages (if any), and reasonable attorneys' fees and court costs. The mandatory injunction and fee-shifting provisions make this an enforcement-friendly statute for private plaintiffs.
(a)–(b) A violation of this part constitutes a violation of the Tennessee Consumer Protection Act of 1977, compiled in part 1 of this chapter. A violation of this part constitutes an unfair or deceptive act or practice affecting trade or commerce and is subject to the penalties and remedies as provided in the Tennessee Consumer Protection Act of 1977, in addition to the penalties and remedies in this part. (b) The attorney general and reporter has all of the investigative and enforcement authority that the attorney general and reporter has under the Tennessee Consumer Protection Act of 1977 related to alleged violations of this part. The attorney general and reporter may institute any proceedings involving alleged violations of this part in Davidson County circuit or chancery court or any other venue otherwise permitted by law.
This section designates violations of the new part as violations of the Tennessee Consumer Protection Act of 1977, treating noncompliant AI-generated content distribution as an unfair or deceptive act or practice affecting trade or commerce. This subjects violators to the penalties and remedies of the TCPA in addition to the private remedies in § 47-18-5703. The Attorney General and Reporter receives full investigative and enforcement authority and may bring proceedings in Davidson County circuit or chancery court or any other permitted venue.