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47 U.S.C. § 223aNotice and removal of nonconsensual intimate visual depictions

submitted 1 year ago by Pub. L. 119-12 to r/title-47-TELECOMMUNICATIONS · 706 words · no verdicts yet

in plain englishAI-generated · not legal advice

Websites and apps ('covered platforms') must let people report and request removal of intimate images posted about them without their consent, and must take them down within 48 hours of a valid request. Platforms must also post clear notice of this process. The Federal Trade Commission enforces the law, treating a platform's failure to comply as an unfair or deceptive practice.

(a) In general. (1) Notice and removal process. (A) Establishment. Within 1 year after May 19, 2025, a covered platform must set up a process letting a person shown in an intimate image (or someone acting for them) do two things: tell the platform about an intimate visual depiction posted on it that shows them and was posted without their consent, and ask the platform to remove it. (B) Requirements. That notification and removal request must be in writing and include: a physical or electronic signature of the person (or their authorized representative); enough information to identify and locate the image; a brief statement of the person's good-faith belief that the image is not consensual, along with any relevant supporting information; and contact information so the platform can reach the person or their representative. (2) Notice of process. The platform must clearly and plainly display (directly or through a clear link) notice of this process. The notice must be easy to read, in plain language, and explain the platform's responsibilities under this section, including how to submit a notice and removal request. (3) Removal of nonconsensual intimate visual depictions. Once the platform gets a valid removal request, it must, as soon as possible and no later than 48 hours after receiving it, remove the image and make reasonable efforts to find and remove any known identical copies. (4) Limitation on liability. A platform is not liable for good-faith removal or blocking of material it reasonably believed was a nonconsensual intimate image, even if it later turns out the image was not actually unlawful. (b) Enforcement by the Commission. (1) Unfair or deceptive acts or practices. If a platform does not reasonably comply with the notice-and-takedown duties in subsection (a), that failure counts as violating a rule against unfair or deceptive acts or practices under the Federal Trade Commission Act. (2) Powers of the Commission. (A) In general. Except as described in (D), the FTC enforces this section using the same authority, methods, and jurisdiction as if the entire Federal Trade Commission Act applied directly to this section. (B) Privileges and immunities. Anyone who violates this section faces the same penalties, and gets the same privileges and immunities, as under the Federal Trade Commission Act. (C) Authority preserved. Nothing in this law limits the FTC's authority under any other law. (D) Scope of jurisdiction. Even though certain sections of the FTC Act normally limit the FTC's reach, and despite any other jurisdictional limits on the Commission, the FTC also enforces this section against organizations that are not run for profit.
the actual law source: uscode.house.gov ↗public domain
(a) In general
(1) Notice and removal process
(A) Establishment

Not 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) Requirements

A 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 process

A 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 depictions

Upon 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 liability

A 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 practices

A 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 general

Except 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 immunities

Any 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 preserved

Nothing in this Act shall be construed to limit the authority of the Federal Trade Commission under any other provision of law.

(D) Scope of jurisdiction

Notwithstanding 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.

Source credit: (Pub. L. 119–12, § 3, May 19, 2025, 139 Stat. 59.)

history & why it existsrecord from the source credit
  • 2025Enacted · Pub. L. 119-12 · 139 Stat. 59

A history note hasn’t been published yet. The record shows enactment by Pub. L. 119-12 on 2025-05-19.

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