2023 New York Laws › CVR - Civil Rights › Article 5 - Right of Privacy › 52-D - Private Right of Action for Unlawful Dissemination or Publication of a Personal Image.

§  52-d.  Private  right  of  action  for  unlawful  dissemination  or
  publication of a personal image. 1. Any crime victim depicted in a still
  or video image which was unlawfully disseminated as provided in  section
  250.71  of  the  penal  law  shall  have  a cause of action against such
  individual who disseminated or  published  such  still  or  video  image
  without  the consent of the person depicted in the image in violation of
  section 250.71 of the penal law.
2. In any  action  commenced  pursuant  to  subdivision  one  of  this
  section,  the  finder  of  fact, in its discretion, may award injunctive
  relief, punitive damages,  compensatory  damages  and  reasonable  court
  costs and attorneys' fees.
3. This section shall not apply to the following:
a. the reporting of suspected unlawful conduct to law enforcement;
b.  the dissemination or publication of an image made in the course of
  official  law  enforcement  duties,  legal   proceedings   or   criminal
  prosecution, or medical treatment; or
c.  the dissemination or publication of an image made for a legitimate
  public discourse concerning local,  national,  or  worldwide  events  or
  other  matters  of  public  concern  or public interest or affecting the
  public welfare; any work of public interest, educational  or  newsworthy
  value,  including  comment,  criticism,  parody  or satire, and works of
  entertainment, regardless of  the  degree  of  fictionalization;  or  an
  advertisement or commercial announcement for any of the foregoing works.
4.  Any such crime victim depicted in a still or video image which was
  unlawfully disseminated as provided in section 250.71 of the penal  law,
  or  such  person's  estate, may maintain an action or special proceeding
  for a court order to require any social media platform that  is  subject
  to  personal  jurisdiction  under  subdivision  five  of this section to
  permanently remove such still or  video  image;  any  such  court  order
  granted  pursuant  to  this  subdivision  may  direct removal only as to
  images that are reasonably within such social media platform's control.
5. A cause of action or special proceeding under this section shall be
  commenced the later of either:
a. three years after the dissemination or publication of  such  image;
  or
b.  one year from the date the plaintiff or petitioners discovered, or
  reasonably should have discovered, such dissemination or publication  of
  such image.
6.  Nothing  in this section shall be read to require a prior criminal
  complaint, prosecution or conviction to establish the  elements  of  the
  cause of action provided for by this section.
7.  The  provisions  of this section are in addition to, but shall not
  supersede, any other rights or remedies available in law or equity.
8. If any provision of this section or its application to  any  person
  or  circumstance  is held invalid, the invalidity shall not affect other
  provisions or applications of this section which  can  be  given  effect
  without  the  invalid  provision  or  application,  and  to this end the
  provisions of this section are severable.
9. Nothing in this section shall be construed to limit, or to enlarge,
  the protections that 47 U.S.C. § 230 confers on an interactive  computer
  service for content provided by another information content provider, as
  such terms are defined in 47 U.S.C. § 230.