§ 45-3-7 — Exemptions.

(1) A person does not violate Section 45-3-3 or Section 45-3-4 if the person uses an individual's personal identity in:
(1)(a) connection with a news, public affairs, or sports broadcast, including the promotion of and advertising for a sports broadcast, an account of public interest, or a political campaign;
(1)(b) a play, book, magazine, newspaper, musical composition, visual work, work of art, audiovisual work, radio or television program if it is fictional or nonfictional entertainment, or a dramatic, literary, or musical work;
(1)(c) a work of political, public interest, or newsworthy value, including a comment, criticism, parody, satire, or a transformative creation of a work of authorship; or
(1)(d) an advertisement or commercial announcement for a work described in this Subsection (1).
(2) The use of personal identity in a commercial medium does not constitute a use for purposes of advertising or solicitation solely because the material containing such use is commercially sponsored or contains paid advertising.
(3) This part may not apply to, and nothing in this part may be construed to impose liability or culpability on, an interactive computer service, as defined in 47 U.S.C. 230(f)(2), for content provided by another person.

Legislative History

Enacted by Chapter 472, 2025 General Session