Georgia Code
Part 2 - Fair Business Practices Act
§ 10-1-393.5. Telemarketing, Computer Activities, and Home Repair or Improvement Work; Certain Prohibitions; Offenses

(b.1) (1) As used in this subsection, the term:
(2) Any person who is engaged in any activity involving or using a computer or computer network who publishes on such person’s publicly available website a subject individual’s arrest booking photograph for purposes of commerce shall be deemed to be transacting business in this state. Within 30 days of the sending of a written request by a subject individual, including his or her name, date of birth, date of arrest, and the name of the arresting law enforcement agency, such person shall, without fee or compensation, remove from such person’s website the subject individual’s arrest booking photograph. Such written request shall be transmitted via certified mail, return receipt requested, or statutory overnight delivery, to the registered agent, principal place of business, or primary residence of the person who published the website. Without otherwise limiting the definition of unfair and deceptive acts or practices under this part, a failure to comply with this paragraph shall be unlawful.
History. Code 1981, § 10-1-393.5 , enacted by Ga. L. 1996, p. 231, § 1; Ga. L. 1997, p. 1507, § 2; Ga. L. 2004, p. 631, § 10; Ga. L. 2010, p. 963, § 2-1/SB 308; Ga. L. 2013, p. 613, § 1/HB 150; Ga. L. 2015, p. 1088, § 2/SB 148; Ga. L. 2016, p. 443, § 6C-1/SB 367; Ga. L. 2020, p. 753, § 2-2/SB 288.
The 2015 amendment, effective July 1, 2015, substituted “Attorney General” for “administrator” in the last sentence of subsection (e) and in subsection (f).
The 2016 amendment, effective July 1, 2016, substituted “Code Section 15-1-20, 35-3-37, or 42-8-62.1” for “Code Section 35-3-37” at the end of division (b.1)(1)(B)(i).
The 2020 amendment, effective January 1, 2021, inserted “3-3-23.1” and “16-13-2” in division (b.1)(1)(B)(i).
Cross references.
Deceptive, fraudulent, or abusive telemarketing, § 10-5B-1 et seq.
Editor’s notes.
Ga. L. 2010, p. 963, § 3-1/SB 308, not codified by the General Assembly, provides, in part, that the amendment of this Code section shall apply to all offenses committed on and after June 4, 2010, and shall not affect any prosecutions for acts occurring before June 4, 2010, and shall not act as an abatement of any such prosecution.
Law reviews.
For review of 1996 commerce and trade legislation, see 13 Ga. St. U.L. Rev. 33 (1996).
For article, “Problems Arising Out of the Use of ‘www.Trademark.Com’: The Application of Principles of Trademark Law to Internet Domain Name Disputes,” see 13 Ga. St. U.L. Rev. 455 (1997).
For article commenting on the 1997 amendment of this Code section, see 14 Ga. St. U.L. Rev. 29 (1997).
For note, “Tilting at Windmills: Defamation and the Private Person in Cyberspace,” see 13 Ga. St. U.L. Rev. 547 (1997).
For article, “Crimes and Offenses,” see 27 Ga. St. U.L. Rev. 131 (2011).
For article on the 2016 amendment of this Code section, see 33 Georgia St. U. L. Rev. 139 (2016).