<section number="45-3-5"><effdate>5/6/2026</effdate><histories><history>Amended by Chapter <modchap sess="2026GS">489</modchap>, 2026 General Session</history><modyear>2026</modyear></histories><catchline>Action against publisher -- Grounds -- Remedies.</catchline><subsection number="45-3-5(1)">An individual whose personal identity has been abused under Section <xref depth="3" refid="C45-3-S3_1800010118000101" refnumber="45-3-3" start="0">45-3-3</xref> of this chapter, or a right holder of that individual, may bring an action against a person who published the advertisement or content:<subsection number="45-3-5(1)(a)">if the advertisement or content, on its face is such that a reasonable person would conclude that it is unlikely that an individual would consent to such use; and</subsection><subsection number="45-3-5(1)(b)">if the publisher did not take reasonable steps to ensure that consent was obtained.</subsection></subsection><subsection number="45-3-5(2)">Upon prevailing in an action under this section, the court may award to the plaintiff injunctive relief, damages alleged and proved, exemplary damages, and reasonable attorney fees and costs.</subsection></section>