Relating to the unlawful production or distribution of certain sexually explicit media and to the removal of certain intimate visual depictions published on online platforms without the consent of the person depicted; increasing criminal penalties.
If enacted, HB 3694 will amend the Business and Commerce Code by introducing Chapter 121, which details the requirements for online platforms concerning the removal of unauthorized intimate visual depictions. Platforms must provide a notification process for individuals whose consent has not been sought for the dissemination of their images and must remove said images within a specified timeframe upon request. This act aims to curb the unlawful distribution of explicit content and provide protections for individuals depicted without their consent.
House Bill 3694, known as the Exploitation Protection Act, seeks to establish stricter regulations surrounding the production and distribution of certain sexually explicit media, particularly focusing on unauthorized intimate visual depictions. The bill outlines specific provisions regarding consent for the publication of visual content involving identifiable individuals engaged in sexual conduct or showing intimate areas. It stipulates that consent must be obtained through a written agreement, and clearly defines the responsibilities of online platforms in handling these intimate depictions.
Notably, the bill has sparked discussions regarding the balance between enforcement of reasonable protections for individuals and potential overreach into the operations of online platforms. Advocates argue that the legislation will help victims of digital exploitation while critics express concern over how such regulations might impact free speech or the operational realities of content sharing on the internet. Additionally, the implementation of criminal penalties for violations raises questions about enforcement and the definition of consent in the digital age.