A new Tennessee law makes it a crime to “transmit or display an image” online that is likely to “frighten, intimidate or cause emotional distress” to someone who sees it. Violations can get you almost a year in jail time or up to $2500 in fines.
The ban on distressing images, which was signed by Gov. Bill Haslam last week, is also an update to existing law. Tennessee law already made it a crime to make phone calls, send emails, or otherwise communicate directly with someone in a manner the sender “reasonably should know” would “cause emotional distress” to the recipient. If the communciation lacked a “legitimate purpose,” the sender faced jail time.
The new legislation adds images to the list of communications that can trigger criminal liability. But for image postings, the “emotionally distressed” individual need not be the intended recipient. Anyone who sees the image is a potential victim. If a court decides you “should have known” that an image you posted would be upsetting to someone who sees it, you could face months in prison and thousands of dollars in fines.
You can see my response to this new law as a Tennessee artist on my artist's blog at http://dregstudiosart.blogspot.com/2011/07/potent… with my portrait of our Governor Bill Haslam and his ravishing wife.