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Generative AI Liability Insurance in Georgia

Georgia amended O.C.G.A. § 16-11-90 in 2020 to include falsely created still or video images in provisions addressing transmission of nonconsensual nude or sexually explicit depictions. The offense has specified knowledge, consent, content, and distribution elements, and Georgia’s legislature described the amendment as expanding the criminal prohibition rather than creating a general civil AI-liability rule. Separately, the Fair Business Practices Act makes unfair or deceptive acts in consumer transactions unlawful, which may matter when a generative-AI service is marketed to Georgia consumers. 1,2

What Is Generative AI Liability?

Generative AI liability can help pay covered defense costs and losses when someone claims your AI use caused harm, including infringement or data disclosure. If you use or sell AI outputs, check how the policy fits your role and existing liability coverage. Read the national Generative AI liability guide.

What to Watch for in Georgia

  • Synthetic images are expressly within a narrow transmission offense

    Georgia’s 2020 amendment to § 16-11-90 added falsely created videographic or still images to the prohibition on transmitting specified nude or sexually explicit images of another person without consent. The law is about covered sexual imagery and its transmission; it does not turn every synthetic depiction, model output, or inaccurate statement into this offense. Classify the content and distribution path when presenting a claim. 1

  • Knowledge and consent facts matter

    The amended provision focuses on knowingly transmitting images depicting another person in a state of nudity or sexually explicit conduct without that person’s consent and under the statute’s other specified conditions. Keep consent and provenance records for source images, model inputs, generated variants, and each downstream recipient; a policy inquiry should distinguish an allegation against the creator from one against a host or distributor. 1

  • This Georgia law defines a specific criminal claim

    The cited rule is a criminal prohibition tied to knowingly transmitting or causing transmission of specified nonconsensual nude or sexually explicit depictions under the statutory conditions. Do not infer from that narrow provision that every AI content claim is criminal or that other civil claims are unavailable; assess other claims and defense needs separately. 1

  • Consumer-facing AI claims have a separate Georgia rule

    O.C.G.A. § 10-1-393 declares unfair or deceptive acts in consumer transactions unlawful. For a service sold to Georgia consumers, review claims about generated content, provenance, accuracy, or safeguards against what the product actually does; this consumer-marketing rule is separate from the narrow nonconsensual-image offense and does not itself make every AI error deceptive. 2

Who Regulates Insurance in Georgia

Georgia Office of Commissioner of Insurance and Safety Fire

Georgia’s elected Insurance and Safety Fire Commissioner licenses and regulates insurance companies and insurance professionals, investigates insurance fraud, and oversees consumer complaint services. The Office’s state license lookup covers agents, agencies, and companies. 3,4,5

Surplus-lines tax and stamping office

Reported tax rate: 4% of total premium when Georgia is the home state Georgia charges 4% on the total premium written and received by a surplus-lines broker when Georgia is the insured’s home state. Current fee treatment is not described here because the Department’s latest fee bulletin could not be retrieved as readable text; ask your broker for the policy-declaration and tax breakdown. This record does not state a Georgia-specific guaranty-fund conclusion. 6

Providers With Documented State Licenses

No provider in Spot’s research documents both a state license record and this coverage line. This does not establish that providers are unlicensed. Check the regulator’s license lookup and confirm availability with a provider when requesting a quote.

Questions to Ask Before You Buy in Georgia

  1. Can the product generate or transmit a falsely created nude or sexually explicit depiction of an identifiable person, and who controls publication?
  2. What evidence establishes consent, source-image rights, user notice, moderation, and the identity of each party that transmitted the content?
  3. Does the quote address privacy, publicity, defamation, intellectual-property, and criminal-investigation defense costs separately?

Generative AI Liability in Georgia: FAQ

Does Georgia’s law criminalize every deepfake? 1

No. The amendment includes falsely created images in a specific offense involving transmission of nonconsensual images depicting nudity or sexually explicit conduct under defined circumstances. 1

What kind of liability does O.C.G.A. § 16-11-90 describe? 1

The provision defines a criminal offense involving specified electronic transmission of nonconsensual nude or sexually explicit images under its listed conditions; this draft does not treat it as a general civil cause of action for all AI content. 1

Does Georgia have a separate rule for consumer-facing product claims? 2

Yes. The Fair Business Practices Act addresses unfair or deceptive practices in consumer transactions. Marketing claims should be assessed on their own facts, apart from the statute covering specified intimate-image transmissions. 2

Generative AI Liability in Other States

Other Coverage in Georgia

Sources

  1. Georgia Senate Bill 337, 2020: Invasion of Privacy; Falsely Created Images. Office of the Governor of Georgia; Enacted amendment to O.C.G.A. § 16-11-90, adding falsely created videographic or still images to covered transmissions; applicability from Aug. 3, 2020. Accessed 2026-09-29.
  2. Georgia Fair Business Practices Act, O.C.G.A. §§ 10-1-390 through 10-1-408. Georgia Department of Law, Consumer Protection Division; Current through 2023 Regular Session; § 10-1-393(a) declares unfair or deceptive acts in consumer transactions and consumer acts or practices in trade or commerce unlawful. Accessed 2026-09-29.
  3. Office of Commissioner of Insurance and Safety Fire. Georgia Office of Commissioner of Insurance and Safety Fire; Official homepage; regulator role, elected commissioner, complaint and license lookup links. Accessed 2026-09-28.
  4. Agents, Agencies and Licensing. Georgia Office of Commissioner of Insurance and Safety Fire; Official state license lookup for agents, agencies, and companies. Accessed 2026-09-28.
  5. Report Complaints & Fraud. Georgia Office of Commissioner of Insurance and Safety Fire; Consumer Services complaint instructions and official complaint portal. Accessed 2026-09-28.
  6. Non-Admitted Insurance: Premium Tax FAQs. Georgia Office of Commissioner of Insurance and Safety Fire; 4% applies to total broker-written and received premium when GA is home state. Accessed 2026-09-28.
  7. Licenses. At-Bay; Current producer introduction and state table; At-Bay Insurance Services LLC; P&C and surplus-lines identifiers. Accessed 2026-09-21.
  8. Licenses and Carriers. Coalition; Licenses and Carriers, re-read 22 September 2026: Insurance Licenses table for Coalition Insurance Solutions, Inc., national producer number 18419475, with producer and surplus-lines numbers for all 50 states and DC including California 0L76155, Georgia 196479, Texas 2199630 and 2205589, Pennsylvania 815731 and 817452, Colorado 539028 and Wisconsin 3000108852. Insurance Carriers table naming, with NAIC numbers, Allianz Underwriters Insurance Company 36420, Arch Specialty Insurance Company 21199, Ascot Specialty Insurance Company 45055, Ascot Insurance Company 23752, Aspen Specialty Insurance Company 10717, Chaucer Insurance Company DAC, Coalition Insurance Company 29530, Fireman's Fund Indemnity Corporation 11380, Fortegra Specialty Insurance Company 16823, Lloyd's of London, MSIG Specialty Insurance USA Inc. 34886, MS Transverse Specialty Insurance Company 41807, Steadfast Insurance Company 26387, Vantage Risk Specialty Insurance Company 16275 and Zurich American Insurance Company 16535. Accessed 2026-09-22.
  9. Insurance Producer Licenses. Corgi Insurance; Current complete Insurance Producer Licenses table for Corgi Insurance Services, Inc.; 50 rows covering 49 states and DC (DC 3003091619); no New Mexico row; no NPN or as-of date shown. Accessed 2026-09-28.
  10. About Hiscox US Insurance. Hiscox; Hiscox Insurance Company Inc. NAIC 10200 as Chicago, IL domiciled insurer admitted or licensed in all 50 states and D.C.; Hiscox Inc. as general agent and Lloyd’s coverholder for Syndicates 33 and 3624; surplus-lines placements through licensed surplus-lines brokers; A.M. Best rating statement. Accessed 2026-09-16.
  11. Licenses. ERGO NEXT Insurance; Current entity-by-state license table reopened 28 September 2026: 50 rows under Next First Insurance Agency, Inc., including Washington, DC; New York rows instead list Next Insurance Services PC-1423070 and AP Intego BR-1198885. Accessed 2026-09-28.
  12. Insurance Licenses by State. TechInsurance; Current state table; identifies TechInsurance as a division of Specialty Program Group LLC d/b/a SPG Insurance Solutions; lists DC 3000041536 and labels Rhode Island “Individual licenses,” without an agency license number. Accessed 2026-09-28.
  13. Licenses. Vouch; Effective 16 January 2025: Vouch Specialty Insurance Services, LLC, NPN 19926463; P&C table (50 states and DC); surplus-lines table includes Idaho 870820; footnote says Georgia and Idaho do not issue agency-level surplus-lines licenses; Idaho retained as producer-only due to conflict. Accessed 2026-09-15.

Updated .

This guide is informational and does not determine whether a policy is available or meets your needs. Editorial policy. To suggest a correction, contact Spot with a supporting source.

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