Notice and removal of nonconsensual intimate visual depictions

47 U.S.C. § 223a
in effect
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(a) In general(1) Notice and removal process(A) EstablishmentNot later than 1 year after May 19, 2025, a covered platform shall establish a process whereby an identifiable individual (or an authorized person acting on behalf of such individual) may—(i) notify the covered platform of an intimate visual depiction published on the covered platform that—(I) includes a depiction of the identifiable individual; and (II) was published without the consent of the identifiable individual; and (ii) submit a request for the covered platform to remove such intimate visual depiction. (B) RequirementsA notification and request for removal of an intimate visual depiction submitted under the process established under subparagraph (A) shall include, in writing—(i) a physical or electronic signature of the identifiable individual (or an authorized person acting on behalf of such individual); (ii) an identification of, and information reasonably sufficient for the covered platform to locate, the intimate visual depiction of the identifiable individual; (iii) a brief statement that the identifiable individual has a good faith belief that any intimate visual depiction identified under clause (ii) is not consensual, including any relevant information for the covered platform to determine the intimate visual depiction was published without the consent of the identifiable individual; and (iv) information sufficient to enable the covered platform to contact the identifiable individual (or an authorized person acting on behalf of such individual). (2) Notice of processA covered platform shall provide on the platform a clear and conspicuous notice, which may be provided through a clear and conspicuous link to another web page or disclosure, of the notice and removal process established under paragraph (1)(A) that—(A) is easy to read and in plain language; and (B) provides information regarding the responsibilities of the covered platform under this section, including a description of how an individual can submit a notification and request for removal. (3) Removal of nonconsensual intimate visual depictionsUpon receiving a valid removal request from an identifiable individual (or an authorized person acting on behalf of such individual) using the process described in paragraph (1)(A)(ii), a covered platform shall, as soon as possible, but not later than 48 hours after receiving such request—(A) remove the intimate visual depiction; and (B) make reasonable efforts to identify and remove any known identical copies of such depiction. (4) Limitation on liabilityA covered platform shall not be liable for any claim based on the covered platform’s good faith disabling of access to, or removal of, material claimed to be a nonconsensual intimate visual depiction based on facts or circumstances from which the unlawful publishing of an intimate visual depiction is apparent, regardless of whether the intimate visual depiction is ultimately determined to be unlawful or not. (b) Enforcement by the Commission(1) Unfair or deceptive acts or practicesA failure to reasonably comply with the notice and takedown obligations under subsection (a) shall be treated as a violation of a rule defining an unfair or a deceptive act or practice under section 18(a)(1)(B) of the Federal Trade Commission Act (15 U.S.C. 57a(a)(1)(B)). (2) Powers of the Commission(A) In generalExcept as provided in subparagraph (D), the Commission shall enforce this section in the same manner, by the same means, and with the same jurisdiction, powers, and duties as though all applicable terms and provisions of the Federal Trade Commission Act (15 U.S.C. 41 et seq.) were incorporated into and made a part of this section. (B) Privileges and immunitiesAny person who violates this section shall be subject to the penalties and entitled to the privileges and immunities provided in the Federal Trade Commission Act (15 U.S.C. 41 et seq.). (C) Authority preservedNothing in this Act shall be construed to limit the authority of the Federal Trade Commission under any other provision of law. (D) Scope of jurisdictionNotwithstanding sections 4, 5(a)(2), or 6 of the Federal Trade Commission Act (15 U.S.C. 44, 45(a)(2), 46), or any jurisdictional limitation of the Commission, the Commission shall also enforce this section in the same manner provided in subparagraph (A), with respect to organizations that are not organized to carry on business for their own profit or that of their members.

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