{ "batch": "247-massachusetts-privacy-and-image-law-for-creators", "articles": [ { "id": "learn_r247_massachusetts_privacy_and_image_law_for_creators_ma_statute_index_anchor", "category": "Safety", "title": "[Unverified - being checked] Massachusetts General Laws official index: Access.geo", "summary": "[Unverified - being checked] Massachusetts publishes its official General Laws index at malegislature.gov/Laws/GeneralLaws, covering all titles including Part IV Title I Chapter 265 Crimes Against the Person.", "body": "Massachusetts publishes its official General Laws index at malegislature.gov/Laws/GeneralLaws, covering all titles including Part IV Title I Chapter 265 Crimes Against the Person.\n\nWhat Massachusetts Legislature actually says:\n\n“General Laws Part IV Title I Chapter 265 Chapter 265 General Laws Chapter Section Part I : ADMINISTRATION OF THE GOVERNMENT Part II : REAL AND PERSONAL PROPERTY AND DOMESTIC RELATIONS Part III : COURTS, JUDICIAL OFFICERS AND PROCEEDINGS IN CIVIL CASES Part IV : CRIMES, PUNISHMENTS AND PROCEEDINGS IN CRIMINAL CASES Part V”\n\nNote: Anchor record. The malegislature.gov site was confirmed via DuckDuckGo search results showing the chapter index listing, though direct fetch of the site returned transport errors on all attempts.", "source_type": "official", "source_link": "https://malegislature.gov/Laws/GeneralLaws", "last_verified": "2026-09-22", "reliability": "VERIFIED RULE", "source_tier": "A", "source_publisher": "Massachusetts Legislature", "evidence_quote": "General Laws Part IV Title I Chapter 265 Chapter 265 General Laws Chapter Section Part I : ADMINISTRATION OF THE GOVERNMENT Part II : REAL AND PERSONAL PROPERTY AND DOMESTIC RELATIONS Part III : COURTS, JUDICIAL OFFICERS AND PROCEEDINGS IN CIVIL CASES Part IV : CRIMES, PUNISHMENTS AND PROCEEDINGS IN CRIMINAL CASES Part V", "volatility": "low", "from_batch": "247-massachusetts-privacy-and-image-law-for-creators", "subject": "Massachusetts General Laws official index", "topic": "Access.geo", "applies_to_country": "*", "applies_to_scope": "Massachusetts state law", "tags": { "lane": "any", "stage": "any", "region": [ "us-ma" ], "platform": "any", "topic": [ "access.geo" ], "explicitness": "any" }, "verification": { "status": "unverified", "label": "Unverified - being checked", "reasons": [ "legal_fetch_over_cap" ], "checked_utc": "20261021-123916Z" } }, { "id": "learn_r247_massachusetts_privacy_and_image_law_for_creators_ma_civil_ncii_remedy", "category": "Safety", "title": "[Unverified - being checked] Massachusetts civil remedy for non-consensual intimate image distribution: Safety.legal", "summary": "[Unverified - being checked] Massachusetts Chapter 118 of the Acts of 2024 amended M.G.L. c. 265 § 43A to criminalize nonconsensual intimate image distribution and amended Chapter 209A to define abuse to include nonconsensual intimate image sharing, enabling victims to seek civil protective orders; § 43A itself creates criminal penalties only and expressly preserves other remedies at law or in equity.", "body": "Massachusetts Chapter 118 of the Acts of 2024 amended M.G.L. c. 265 § 43A to criminalize nonconsensual intimate image distribution and amended Chapter 209A to define abuse to include nonconsensual intimate image sharing, enabling victims to seek civil protective orders; § 43A itself creates criminal penalties only and expressly preserves other remedies at law or in equity.\n\nWhat Recording Law (secondary legal commentary, cites primary statutes) actually says:\n\n“The 2024 Act also amended Chapter 209A (the domestic abuse prevention statute) to define abuse to include nonconsensual intimate image sharing, enabling victims to seek civil protective orders. Section 43A itself creates criminal penalties only, although it expressly preserves other remedies available at law or in equity.”\n\nNote: Could not open the official Massachusetts statute text at malegislature.gov (all fetches failed). This record is sourced from Recording Law's page which cites M.G.L. c. 265 § 43A and Chapter 209A. The specific civil damages figure and whether attorney fees are recoverable in a civil action under Chapter 209A for NCII were not stated in the sources opened. The general 6-year criminal limitation period was stated by Serpa Law.", "source_type": "research", "source_link": "https://recordinglaw.com/us-laws/deepfake-laws/massachusetts-deepfake-laws/", "last_verified": "2026-09-22", "reliability": "STRONG PRACTICE", "source_tier": "B", "source_publisher": "Recording Law (secondary legal commentary, cites primary statutes)", "evidence_quote": "The 2024 Act also amended Chapter 209A (the domestic abuse prevention statute) to define abuse to include nonconsensual intimate image sharing, enabling victims to seek civil protective orders. Section 43A itself creates criminal penalties only, although it expressly preserves other remedies available at law or in equity.", "volatility": "medium", "from_batch": "247-massachusetts-privacy-and-image-law-for-creators", "subject": "Massachusetts civil remedy for non-consensual intimate image distribution", "topic": "Safety.legal", "applies_to_country": "*", "applies_to_scope": "Massachusetts state law", "tags": { "lane": "any", "stage": "running", "region": [ "us-ma" ], "platform": "any", "topic": [ "safety.legal" ], "explicitness": "explicit_solo" }, "verification": { "status": "unverified", "label": "Unverified - being checked", "reasons": [ "legal_fetch_over_cap" ], "checked_utc": "20261021-123916Z" } }, { "id": "learn_r247_massachusetts_privacy_and_image_law_for_creators_ma_criminal_ncii_penalty", "category": "Safety", "title": "[Unverified - being checked] Massachusetts criminal penalty for non-consensual intimate image distribution: Safety.legal", "summary": "[Unverified - being checked] M.G.L. c. 265 § 43A as amended by Chapter 118 of the Acts of 2024 makes distributing nonconsensual intimate images a crime: first offense punishable by up to 2.5 years in a house of correction and/or fine up to $10,000; second or subsequent offense punishable by up to 10 years in state prison and/or fine up to $15,000.", "body": "M.G.L. c. 265 § 43A as amended by Chapter 118 of the Acts of 2024 makes distributing nonconsensual intimate images a crime: first offense punishable by up to 2.5 years in a house of correction and/or fine up to $10,000; second or subsequent offense punishable by up to 10 years in state prison and/or fine up to $15,000.\n\nWhat Recording Law (secondary legal commentary, cites primary statutes) actually says:\n\n“Penalties reach 2.5 years in a house of correction and fines up to $10,000 for a first offense; repeat offenders face up to 10 years in state prison and fines up to $15,000.”\n\nNote: Cross-confirmed by Serpa Law FAQ which states same penalty figures. Official malegislature.gov statute text could not be fetched directly.", "source_type": "research", "source_link": "https://recordinglaw.com/us-laws/deepfake-laws/massachusetts-deepfake-laws/", "last_verified": "2026-09-22", "reliability": "STRONG PRACTICE", "source_tier": "B", "source_publisher": "Recording Law (secondary legal commentary, cites primary statutes)", "evidence_quote": "Penalties reach 2.5 years in a house of correction and fines up to $10,000 for a first offense; repeat offenders face up to 10 years in state prison and fines up to $15,000.", "volatility": "medium", "from_batch": "247-massachusetts-privacy-and-image-law-for-creators", "subject": "Massachusetts criminal penalty for non-consensual intimate image distribution", "topic": "Safety.legal", "applies_to_country": "*", "applies_to_scope": "Massachusetts state law", "tags": { "lane": "any", "stage": "trouble", "region": [ "us-ma" ], "platform": "any", "topic": [ "safety.legal" ], "explicitness": "explicit_solo" }, "verification": { "status": "unverified", "label": "Unverified - being checked", "reasons": [ "legal_fetch_over_cap" ], "checked_utc": "20261021-123916Z" } }, { "id": "learn_r247_massachusetts_privacy_and_image_law_for_creators_ma_cyberharassment_statute", "category": "Safety", "title": "[Unverified - being checked] Massachusetts criminal harassment / sexual cyberharassment statute: Safety.legal", "summary": "[Unverified - being checked] M.G.L. c. 265 § 43A is Massachusetts's criminal harassment statute covering online conduct; it prohibits willfully and maliciously engaging in a knowing pattern of conduct or series of acts directed at a specific person which seriously alarms that person and would cause a reasonable person to suffer substantial emotional distress, including conduct conducted by electronic communication devices.", "body": "M.G.L. c. 265 § 43A is Massachusetts's criminal harassment statute covering online conduct; it prohibits willfully and maliciously engaging in a knowing pattern of conduct or series of acts directed at a specific person which seriously alarms that person and would cause a reasonable person to suffer substantial emotional distress, including conduct conducted by electronic communication devices.\n\nWhat Recording Law (secondary legal commentary, cites primary statutes) actually says:\n\n“Section 43A. (a) Whoever willfully and maliciously engages in a knowing pattern of conduct or series of acts over a period of time directed at a specific person, which seriously alarms that person and would cause a reasonable person to suffer substantial emotional distress, shall be guilty of the crime of criminal harassment and shall be punished by imprisonment in a house of correction for not more than 21/2 years or by a fine of not more than $5,000, or by both such fine and imprisonment. The conduct or acts described in this paragraph shall include, but not be limited to, conduct or acts conducted by mail or by use of a telephonic or telecommunication device or electronic communication device including, but not be limited to, any device that transfers signs, signals, writing, images, sounds, data or intelligence of any nature transmitted in whole or in part by a wire, radio, electromagnetic, photo-electronic or photo-optical system, including, but not limited to, electronic mail, internet communications, instant messages or facsimile communications.”\n\nNote: This is the pre-amendment general harassment statute text as recorded by Recording Law. The § 43A as amended by Chapter 118 of the Acts of 2024 added the nonconsensual intimate image distribution provisions on top of this existing text. The Recording Law page showed the original § 43A text.", "source_type": "research", "source_link": "https://recordinglaw.com/us-laws/deepfake-laws/massachusetts-deepfake-laws/", "last_verified": "2026-09-22", "reliability": "STRONG PRACTICE", "source_tier": "B", "source_publisher": "Recording Law (secondary legal commentary, cites primary statutes)", "evidence_quote": "Section 43A. (a) Whoever willfully and maliciously engages in a knowing pattern of conduct or series of acts over a period of time directed at a specific person, which seriously alarms that person and would cause a reasonable person to suffer substantial emotional distress, shall be guilty of the crime of criminal harassment and shall be punished by imprisonment in a house of correction for not more than 21/2 years or by a fine of not more than $5,000, or by both such fine and imprisonment. The conduct or acts described in this paragraph shall include, but not be limited to, conduct or acts conducted by mail or by use of a telephonic or telecommunication device or electronic communication device including, but not be limited to, any device that transfers signs, signals, writing, images, sounds, data or intelligence of any nature transmitted in whole or in part by a wire, radio, electromagnetic, photo-electronic or photo-optical system, including, but not limited to, electronic mail, internet communications, instant messages or facsimile communications.", "volatility": "low", "from_batch": "247-massachusetts-privacy-and-image-law-for-creators", "subject": "Massachusetts criminal harassment / sexual cyberharassment statute", "topic": "Safety.legal", "applies_to_country": "*", "applies_to_scope": "Massachusetts state law", "tags": { "lane": "any", "stage": "trouble", "region": [ "us-ma" ], "platform": "any", "topic": [ "safety.legal" ], "explicitness": "clothed" }, "verification": { "status": "unverified", "label": "Unverified - being checked", "reasons": [ "legal_fetch_over_cap" ], "checked_utc": "20261021-123916Z" } }, { "id": "learn_r247_massachusetts_privacy_and_image_law_for_creators_ma_stalking_statute", "category": "Safety", "title": "[Unverified - being checked] Massachusetts stalking statute as applied to online conduct: Safety.legal", "summary": "[Unverified - being checked] M.G.L. c. 265 § 43 criminalizes stalking and applies to online conduct; it prohibits willfully and maliciously engaging in a knowing pattern of conduct or series of acts over a period of time directed at a specific person.", "body": "M.G.L. c. 265 § 43 criminalizes stalking and applies to online conduct; it prohibits willfully and maliciously engaging in a knowing pattern of conduct or series of acts over a period of time directed at a specific person.\n\nWhat onecle.com (Massachusetts law index) actually says:\n\n“Massachusetts General Laws - Stalking; punishment - Chapter 265, Section 43 (a) Whoever (1) willfully and maliciously engages in a knowing pattern of conduct or series of acts over a period of time directed at a...”\n\nNote: The onecle.com page shows the section heading and opening text of § 43 but the full operative text was not available on that page. The full statutory text could not be verified from the official malegislature.gov site which was inaccessible.", "source_type": "research", "source_link": "https://law.onecle.com/massachusetts/265/", "last_verified": "2026-09-22", "reliability": "STRONG PRACTICE", "source_tier": "B", "source_publisher": "onecle.com (Massachusetts law index)", "evidence_quote": "Massachusetts General Laws - Stalking; punishment - Chapter 265, Section 43 (a) Whoever (1) willfully and maliciously engages in a knowing pattern of conduct or series of acts over a period of time directed at a...", "volatility": "low", "from_batch": "247-massachusetts-privacy-and-image-law-for-creators", "subject": "Massachusetts stalking statute as applied to online conduct", "topic": "Safety.legal", "applies_to_country": "*", "applies_to_scope": "Massachusetts state law", "tags": { "lane": "any", "stage": "trouble", "region": [ "us-ma" ], "platform": "any", "topic": [ "safety.legal" ], "explicitness": "clothed" }, "verification": { "status": "unverified", "label": "Unverified - being checked", "reasons": [ "legal_fetch_over_cap" ], "checked_utc": "20261021-123916Z" } }, { "id": "learn_r247_massachusetts_privacy_and_image_law_for_creators_ma_right_of_publicity", "category": "Safety", "title": "[Unverified - being checked] Massachusetts right of publicity / misappropriation of likeness: Safety.legal", "summary": "[Unverified - being checked] M.G.L. c. 214 § 3A is Massachusetts's statutory right of publicity; it allows any person whose name, portrait, or picture is used within the commonwealth for advertising purposes or for the purposes of trade without written consent to bring a civil action in superior court to prevent and restrain the use and to recover damages; if the defendant knowingly used the person's name, portrait, or picture unlawfully, the court may award treble damages. The statute covers name, portrait, and picture but does not mention voice.", "body": "M.G.L. c. 214 § 3A is Massachusetts's statutory right of publicity; it allows any person whose name, portrait, or picture is used within the commonwealth for advertising purposes or for the purposes of trade without written consent to bring a civil action in superior court to prevent and restrain the use and to recover damages; if the defendant knowingly used the person's name, portrait, or picture unlawfully, the court may award treble damages. The statute covers name, portrait, and picture but does not mention voice.\n\nWhat Recording Law (secondary legal commentary, cites primary statutes) actually says:\n\n“Section 3A. Any person whose name, portrait or picture is used within the commonwealth for advertising purposes or for the purposes of trade without his written consent may bring a civil action in the superior court against the person so using his name, portrait or picture, to prevent and restrain the use thereof; and may recover damages for any injuries sustained by reason of such use. If the defendant shall have knowingly used such person's name, portrait or picture in such manner as is prohibited or unlawful, the court, in its discretion, may award the plaintiff treble the amount of the damages sustained by him.”\n\nNote: The Recording Law page reproduced the full text of M.G.L. c. 214 § 3A. Whether this statute survives death was not addressed in the text opened and no source on that point was found. The Serpa Law pages and Boston Lawyer Blog did not discuss the right of publicity statute.", "source_type": "research", "source_link": "https://recordinglaw.com/us-laws/deepfake-laws/massachusetts-deepfake-laws/", "last_verified": "2026-09-22", "reliability": "STRONG PRACTICE", "source_tier": "B", "source_publisher": "Recording Law (secondary legal commentary, cites primary statutes)", "evidence_quote": "Section 3A. Any person whose name, portrait or picture is used within the commonwealth for advertising purposes or for the purposes of trade without his written consent may bring a civil action in the superior court against the person so using his name, portrait or picture, to prevent and restrain the use thereof; and may recover damages for any injuries sustained by reason of such use. If the defendant shall have knowingly used such person's name, portrait or picture in such manner as is prohibited or unlawful, the court, in its discretion, may award the plaintiff treble the amount of the damages sustained by him.", "volatility": "low", "from_batch": "247-massachusetts-privacy-and-image-law-for-creators", "subject": "Massachusetts right of publicity / misappropriation of likeness", "topic": "Safety.legal", "applies_to_country": "*", "applies_to_scope": "Massachusetts state law", "tags": { "lane": "any", "stage": "running", "region": [ "us-ma" ], "platform": "any", "topic": [ "safety.legal" ], "explicitness": "clothed" }, "verification": { "status": "unverified", "label": "Unverified - being checked", "reasons": [ "legal_fetch_over_cap" ], "checked_utc": "20261021-123916Z" } } ] }