13-72b-304. Safe harbor for covered platforms.
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Effective 1/1/2027
13-72b-304. Safe harbor for covered platforms.
(1)A covered platform is not liable under Section 13-72b-303 if the covered platform demonstrates that:
(a)the covered platform implemented and maintained notice and removal procedures that comply with Section 13-72b-302 ; and
(b)the covered platform acted in good faith in responding to notices of non-consensual counterfeit intimate images.
(2)A covered platform qualifies for safe harbor protection under this section even if a non-consensual counterfeit intimate image appeared on the platform if the covered platform demonstrates that:
(a)the covered platform had no actual knowledge of the image before receiving notice under Section 13-72b-302 ; and
(b)upon receiving notice, the covered platform complied with the takedown requirements in Section 13-72b-302 .
(3)In determining whether a covered platform acted in good faith in responding to a notice of a non-consensual counterfeit intimate image, the court shall consider:
(a)the size and resources of the covered platform;
(b)the volume of content distributed on the platform;
(c)the effectiveness of the platform's proactive measures; and
(d)whether the platform's measures are consistent with widely accepted industry standards.
(4)A covered platform may establish the safe harbor protections under this section by motion to dismiss or motion for summary judgment.
(5)If a court determines that a covered platform has established safe harbor protection under this section on a motion to dismiss or motion for summary judgment, the court shall:
(a)dismiss the action or grant summary judgment in favor of the covered platform; and
(b)award the covered platform reasonable attorney fees and costs.
Enacted by Chapter 352 , 2026 General Session