45-3-7. Exemptions.

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A research copy — for the controlling text, always check the official state or federal source. Not legal advice.

Effective 5/6/2026

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:

(a)connection with a news, public affairs, or sports broadcast, including the promotion of and advertising for a sports broadcast or an account of public interest;

(b)a representation of the individual as the individual in a documentary or in a historical or biographical work, unless the representation creates the false impression that the representation is or comprises the authentic participation of the individual;

(c)a work of political, public interest, or newsworthy value, including a comment, criticism, parody, satire, scholarship, or a transformative creation of a work of authorship;

(d)fleeting or incidental uses; or

(e)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 chapter may not apply to, and nothing in this chapter 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.

(4)Nothing in this chapter is intended to abrogate or narrow any claim or defense available under any other statute or under the common law.

Amended by Chapter 489 , 2026 General Session