Exceptions to Liability

7 GCA § 53104 — under The Guam Uniform Civil Remedies for Unauthorized Disclosure of Intimate Images Act of 2019.

7 GCA § 53104

UNAUTHORIZED DISCLOSURE OF INTIMATE IMAGES ACT OF 2019

(a) A person is not liable under this Chapter if the person proves that disclosure of, or a threat to disclose, an intimate image was: (1) made in good faith in: (A) law enforcement; (B) a legal proceeding; or (C) medical education or treatment; or (2) made in good faith in the reporting or investigation of: (A) unlawful conduct; (B) unsolicited and unwelcome conduct; or (C) a matter of public concern or public interest; or (3) reasonably intended to assist the depicted individual. (b) Subject to Subsection (c) of this Section, a defendant who is a parent, legal guardian, or individual with legal custody of a child is not liable under this Chapter for a disclosure or threatened disclosure of an intimate image, as defined in § 53102(i), of the child. (c) If a defendant asserts an exception to liability under Subsection (b) of this Section, the exception does not apply if the plaintiff proves the disclosure was: (1) prohibited by law other than this Subsection; or (2) made for the purposes of sexual arousal, sexual gratification, humiliation, degradation, or monetary or commercial gain. (d) Disclosure of, or a threat to disclose, an intimate image is not a matter of public concern or public interest solely because the depicted individual is a public figure.