13-72b-305. Heightened pleading standard for actions against covered platforms.

368 words·~2 min read·/ut/title-13/chapter-72b/13-72b-305

A research copy — for the controlling text, always check the official state or federal source. Not legal advice.

Effective 1/1/2027

(1)In any action brought under Section 13-72b-303 against a covered platform, the complaint shall plead with particularity facts establishing that the covered platform does not qualify for safe harbor protection under Section 13-72b-304 .

(2)To meet the pleading requirements of Subsection

(1), the plaintiff shall include specific factual allegations demonstrating that the covered platform does not qualify for safe harbor protection under Section 13-72b-304 , including facts showing one or more of the following:

(a)that the covered platform failed to implement notice and removal procedures that comply with Section 13-72b-302 ;

(b)that the covered platform failed to act in good faith in responding to notices of non-consensual counterfeit intimate images;

(c)if the plaintiff provided notice under Section 13-72b-302 :

(i)the specific date and method by which notice was provided;

(ii)the content of the notice provided;

(iii)the covered platform's response or failure to respond; and

(iv)facts establishing that the covered platform failed to comply with the takedown requirements in Section 13-72b-302 ; or

(d)if the plaintiff did not provide notice under Section 13-72b-302 :

(i)facts establishing that the covered platform had actual knowledge of the non-consensual counterfeit intimate image before the plaintiff provided notice; and

(ii)facts establishing that the covered platform failed to take reasonable steps to remove the image within 48 hours after obtaining actual knowledge.

(3)General or conclusory allegations that a covered platform violated this part are insufficient to state a claim.

(4)If a complaint fails to meet the pleading requirements of this section, the court shall dismiss the action without prejudice.

(5)A covered platform may bring a motion to dismiss under this section before filing an answer or other responsive pleading.

(6)If the court grants a motion to dismiss under this section and the plaintiff files an amended complaint that again fails to meet the pleading requirements of this section, the court shall:

(a)dismiss the action with prejudice; and

(b)award the covered platform reasonable attorney fees and costs incurred in bringing the motion to dismiss the amended complaint.

Enacted by Chapter 352 , 2026 General Session