MISSISSIPPI LEGISLATURE 2025 Regular Session To: Judiciary, Division B By: Senator(s) Hill Senate Bill 2437 AN ACT TO ENACT THE "PROHIBITION OF EXPLOITATION BY DEEPFAKES ACT"; TO DEFINE TERMS; TO PROHIBIT THE USE OF INTERACTIVE COMPUTER SERVICES TO KNOWINGLY PUBLISH INTIMATE VISUAL DEPICTIONS OF IDENTIFIABLE INDIVIDUALS IN CERTAIN CIRCUMSTANCES; TO DESCRIBE CERTAIN EXCEPTIONS; TO PROHIBIT USE OF AN INTERACTIVE COMPUTER SERVICE TO PUBLISH A MORPHED IMAGE OF AN IDENTIFIABLE INDIVIDUAL IN CERTAIN CIRCUMSTANCES; TO PROVIDE PENALTIES FOR VIOLATIONS OF THIS ACT; TO STIPULATE THAT CONSENT FOR THE CREATION OF AN INTIMATE VISUAL DEPICTION DOES NOT ESTABLISH CONSENT FOR PUBLICATION OF SUCH IMAGE; TO STIPULATE THAT DISCLOSURE OF AN INTIMATE VISUAL DEPICTION DOES NOT ESTABLISH CONSENT FOR PUBLICATION OF SUCH IMAGE; TO ESTABLISH THAT AN INTENTIONAL THREAT TO VIOLATE THIS ACT FOR THE PURPOSE OF INTIMIDATION, COERCION, EXTORTION, OR MENTAL DISTRESS IS PUNISHABLE; TO STIPULATE THAT FORFEITURE OF ANY MATERIAL WHICH VIOLATES THIS ACT SHALL BE INCLUDED IN ANY OTHER PENALTIES IMPOSED UPON A CONVICTION; TO REQUIRE COVERED PLATFORMS TO ESTABLISH A PROCESS FOR NOTIFICATION OF CERTAIN INTIMATE VISUAL DEPICTIONS PUBLISHED ON THE PLATFORM; TO LIST CERTAIN REQUIREMENTS FOR THE NOTIFICATION; TO REQUIRE COVERED PLATFORMS TO PROVIDE A CLEAR AND CONSPICUOUS NOTICE OF THE NOTIFICATION AND REMOVAL PROCESS; TO REQUIRE THE COVERED PLATFORM TO REMOVE VIOLATIVE MATERIAL UPON NOTIFICATION FROM AN IDENTIFIABLE INDIVIDUAL; TO LIMIT A COVERED PLATFORM'S LIABILITY IN CERTAIN CIRCUMSTANCES; TO GRANT THE ATTORNEY GENERAL AUTHORITY TO ENFORCE CERTAIN SECTIONS; TO PROVIDE THAT A VIOLATION OF THIS ACT IS AN UNFAIR AND DECEPTIVE TRADE PRACTICE THAT IS ENFORCEABLE BY THE OFFICE OF THE ATTORNEY GENERAL; AND FOR RELATED PURPOSES. BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MISSISSIPPI: SECTION 1. This act shall be known and may be cited as the "Prohibition of Exploitation by Deepfakes Act." SECTION 2. For the purposes of this act, the following words shall have the meanings ascribed herein unless the context clearly requires otherwise: (a) "Consent" means an affirmative, conscious, and voluntary authorization made by an individual free from force, fraud, duress, misrepresentation, or coercion. (b) "Morphed Image" means any intimate visual depiction of an identifiable individual created through the use of software, machine learning, artificial intelligence, or any other computer-generated, technological, or mechanical means, including by adapting, modifying, manipulating, or altering an authentic visual depiction that, when viewed as a whole by a reasonable person, is indistinguishable from an authentic visual depiction of the individual. (c) "Identifiable individual" means an individual: (i) Who appears in whole or in part in an intimate visual depiction; and (ii) Whose face, likeness, or other distinguishable characteristic, including a unique birthmark or other recognizable feature, is displayed in connection with such intimate visual depiction. (d) "Interactive computer service" means any information service, system, or access software provider that provides or enables computer access by multiple users to a computer server, including specifically a service or system that provides access to the internet and such systems operated or services offered by libraries or educational institutions. (e) "Intimate visual depiction" means a visual depiction that: (i) Depicts: 1. The uncovered genitals, pubic area, anus, or post-pubescent female nipple of an identifiable individual; or 2. The display or transfer of bodily sexual fluids: A. On to any part of the body of an identifiable individual; B. From the body of an identifiable individual; or C. An identifiable individual engaging in sexually explicit conduct; and (ii) Includes any visual depictions described in subparagraph (i) produced while the identifiable individual was in a public place only if the individual did not: 1. Voluntarily display the content depicted; or 2. Consent to the sexual conduct depicted. (f) "Minor" means any individual under the age of eighteen (18) years. (g) "Sexually explicit conduct" means actual or simulated: (i) Sexual intercourse, including genital-genital, oral-genital, anal-genital, or oral-anal, whether between persons of the same or opposite sex; (ii) Bestiality; (iii) Masturbation; (iv) Sadistic or masochistic abuse; (v) Lascivious exhibition of the anus, genitals, or pubic area of any person; or (vi) Fondling or other erotic touching of the genitals, pubic area, buttocks, anus, or breast. (h) (i) "Covered platform" means a website, online service, online application, or mobile application that serves the public; and 1. That primarily provides a forum for user-generated content, including messages, videos, images, games, and audio files; or 2. For which it is in the regular course of trade or business of the website, online service, online application, or mobile application to publish, curate, host, or make available content of nonconsensual intimate visual depictions. (ii) The term "covered platform" shall not include the following: a provider of broadband internet access service, electronic mail, and except as provided in subparagraph (h)(i)2, an online service, application, or website: 1. That consists primarily of content that is not user generated but is preselected by the provider of such online service, application, or website; and 2. For which any chat, comment, or interactive functionality is incidental to, directly related to, or dependent on the provision of the content described in item 1. SECTION 3. (1) (a) Except as provided in paragraph (b) of this subsection (1), it shall be unlawful for any person to use an interactive computer service to knowingly publish an intimate visual depiction of an identifiable individual who is not a minor if: (i) The intimate visual depiction was obtained or created under circumstances in which the person knew or reasonably should have known the identifiable individual had a reasonable expectation of privacy; (ii) What is depicted was not voluntarily exposed by the identifiable individual in a public setting; (iii) What is depicted is not a matter of public concern; and (iv) Publication of the intimate visual depiction: 1. Is intended to cause harm; or 2. Causes harm, including psychological, financial, or reputational harm, to the identifiable individual. (b) Paragraph (a) of this subsection (1) shall not apply to: (i) A lawfully authorized investigative, protective, or intelligence activity of a law enforcement agency of the State of Mississippi, or a political subdivision of the state; (ii) A disclosure made reasonably and in good faith: 1. To a law enforcement officer or agency; 2. As part of a document production or filing associated with a legal proceeding; 3. As part of medical education, diagnosis, or treatment or for a legitimate medical, scientific, or education purpose; 4. In the reporting of unlawful content or unsolicited or unwelcome conduct or in pursuance of a legal, professional, or other lawful obligation; or 5. To seek support or help with respect to the receipt of an unsolicited intimate visual depiction. (iii) A disclosure reasonably intended to assist the identifiable individual; or (iv) A person who possesses or publishes an intimate visual depiction of himself or herself engaged in nudity or sexually explicit conduct. (2) (a) Except as provided in paragraph (b) of this subsection (2), it shall be unlawful for any person to use an interactive computer service to knowingly publish a morphed image of an identifiable individual who is not a minor if: (i) The morphed image was published without the consent of the identifiable individual; (ii) What is depicted was not voluntarily exposed by the identifiable individual in a public or commercial setting; (iii) What is depicted is not a matter of public concern; and (iv) Publication of the morphed image: 1. Is intended to cause harm; or 2. Causes harm, including psychological, financial, or reputational harm, to the identifiable individual. (b) Paragraph (a) of this subsection (2) shall not apply to: (i) A lawfully authorized investigative, protective, or intelligence activity of a law enforcement agency of the State of Mississippi or a political subdivision of the state; (ii) A disclosure made reasonably and in good faith: 1. To a law enforcement officer or agency; 2. As part of a document production or filing associated with a legal proceeding; 3. As part of medical education, diagnosis, or treatment or for a legitimate medical, scientific, or education purpose; 4. In the reporting of unlawful content or unsolicited or unwelcome conduct or in pursuance of a legal, professional, or other lawful obligation; or 5. To seek support or help with respect to the receipt of an unsolicited intimate visual depiction. (iii) A disclosure reasonably intended to assist the identifiable individual; or (iv) A person who possesses or publishes a morphed image of himself or herself engaged in nudity or sexually explicit conduct. (3) Any person who violates (1)(a) or (2)(a) of this section shall be fined under Section 97-29-109. (4) For the purposes of subsections (1) and (2): (a) The fact that the identifiable individual provided consent for the creation of the intimate visual depiction shall not establish that the individual provided consent for the publication of the intimate visual depiction; and (b) The fact that the identifiable individual disclosed the intimate visual depiction to another individual shall not establish that the identifiable individual provided consent for the publication of the intimate visual depiction by the person alleged to have violated subsection (1) or (2), respectively. (5) Any person who intentionally threatens to commit an offense under subsection (1) for the purpose of intimidation, coercion, extortion, or to create mental distress shall be punished as described in subsection (3). (6) The court, in imposing a sentence on any person convicted of a violation, shall order, in addition to any other sentence imposed and irrespective of any other provision of law, that the person forfeit to the State of Mississippi: (a) Any material distributed in violation of that paragraph; (b) The person's interest in property, real or personal, constituting or derived from any gross proceeds of the violation, or any property traceable to such property, obtained or retained directly or indirectly as a result of the violation; and (c) Any personal property of the person used, or intended to be used, in any manner or part, to commit or to facilitate the commission of the violation. SECTION 4. (1) (a) Not later than one (1) year after the date of enactment of this act, 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: 1. Includes a depiction of the identifiable individual; and 2. 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) A notification and request for removal of an intimate visual depiction submitted under the process established under paragraph (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 subparagraph (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) 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 notification and removal process established under subsection (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) 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 subsection (1)(a)(ii) of this section, a covered platform shall, as soon as possible, but not later than forty-eight (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) 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. (5) A failure to reasonably comply with the notice and takedown obligations under this section shall be treated as a violation of a rule defining an unfair or a deceptive act or practice under Section 75-24-5. (6) The attorney general shall enforce this section. Notwithstanding any other provision of law, the attorney general shall also enforce this section in the same manner with respect to organizations that are not organized to carry on business for their own profit or that of their members. SECTION 5. Section 75-24-5, Mississippi Code of 1972, is amended as follows: 75-24-5. (1) Unfair methods of competition affecting commerce and unfair or deceptive trade practices in or affecting commerce are prohibited. Action may be brought under Section 75-24-5(1) only under the provisions of Section 75-24-9. (2) Without limiting the scope of subsection (1) of this section, the following unfair methods of competition and unfair or deceptive trade practices or acts in the conduct of any trade or commerce are hereby prohibited: (a) Passing off goods or services as those of another; (b) Misrepresentation of the source, sponsorship, approval, or certification of goods or services; (c) Misrepresentation of affiliation, connection, or association with, or certification by another; (d) Misrepresentation of designations of geographic origin in connection with goods or services; (e) Representing that goods or services have sponsorship, approval, characteristics, ingredients, uses, benefits, or quantities that they do not have or that a person has a sponsorship, approval, status, affiliation, or connection that he does not have; (f) Representing that goods are original or new if they are reconditioned, reclaimed, used, or secondhand; (g) Representing that goods or services are of a particular standard, quality, or grade, or that goods are of a particular style or model, if they are of another; (h) Disparaging the goods, services, or business of another by false or misleading representation of fact; (i) Advertising goods or services with intent not to sell them as advertised; (j) Advertising goods or services with intent not to supply reasonably expectable public demand, unless the advertisement discloses a limitation of quantity; (k) Misrepresentations of fact concerning the reasons for, existence of, or amounts of price reductions; (l) Advertising by or on behalf of any licensed or regulated health care professional which does not specifically describe the license or qualifications of the licensed or regulated health care professional; (m) Charging an increased premium for reinstating a motor vehicle insurance policy that was cancelled or suspended by the insured solely for the reason that he was transferred out of this state while serving in the United States Armed Forces or on active duty in the National Guard or United States Armed Forces Reserve. It is also an unfair practice for an insurer to charge an increased premium for a new motor vehicle insurance policy if the applicant for coverage or his covered dependents were previously insured with a different insurer and canceled that policy solely for the reason that he was transferred out of this state while serving in the United States Armed Forces or on active duty in the National Guard or United States Armed Forces Reserve. For purposes of determining premiums, an insurer shall consider such persons as having maintained continuous coverage. The provisions of this paragraph (m) shall apply only to such instances when the insured does not drive the vehicle during the period of cancellation or suspension of his policy; (n) Violating the provisions of Section 75-24-8; (o) Violating the provisions of Section 73-3-38; (p) Violating any of the provisions of Title 41, Chapter 149, Mississippi Code of 1972; * * * and (q) Violating any of the provisions of Title 45, Chapter 38, Mississippi Code of 1972 * * *. ;and (r) Violating any provisions of Sections 1 through 3 of this act. SECTION 6. If any provision of this act, or an amendment made by this act, is determined to be unenforceable or invalid, the remaining provisions of this act and the amendments made by this act shall not be affected. SECTION 7. This act shall take effect and be in force from and after July 1, 2025.
MISSISSIPPI LEGISLATURE
2025 Regular Session
To: Judiciary, Division B
By: Senator(s) Hill
# Senate Bill 2437
AN ACT TO ENACT THE "PROHIBITION OF EXPLOITATION BY DEEPFAKES ACT"; TO DEFINE TERMS; TO PROHIBIT THE USE OF INTERACTIVE COMPUTER SERVICES TO KNOWINGLY PUBLISH INTIMATE VISUAL DEPICTIONS OF IDENTIFIABLE INDIVIDUALS IN CERTAIN CIRCUMSTANCES; TO DESCRIBE CERTAIN EXCEPTIONS; TO PROHIBIT USE OF AN INTERACTIVE COMPUTER SERVICE TO PUBLISH A MORPHED IMAGE OF AN IDENTIFIABLE INDIVIDUAL IN CERTAIN CIRCUMSTANCES; TO PROVIDE PENALTIES FOR VIOLATIONS OF THIS ACT; TO STIPULATE THAT CONSENT FOR THE CREATION OF AN INTIMATE VISUAL DEPICTION DOES NOT ESTABLISH CONSENT FOR PUBLICATION OF SUCH IMAGE; TO STIPULATE THAT DISCLOSURE OF AN INTIMATE VISUAL DEPICTION DOES NOT ESTABLISH CONSENT FOR PUBLICATION OF SUCH IMAGE; TO ESTABLISH THAT AN INTENTIONAL THREAT TO VIOLATE THIS ACT FOR THE PURPOSE OF INTIMIDATION, COERCION, EXTORTION, OR MENTAL DISTRESS IS PUNISHABLE; TO STIPULATE THAT FORFEITURE OF ANY MATERIAL WHICH VIOLATES THIS ACT SHALL BE INCLUDED IN ANY OTHER PENALTIES IMPOSED UPON A CONVICTION; TO REQUIRE COVERED PLATFORMS TO ESTABLISH A PROCESS FOR NOTIFICATION OF CERTAIN INTIMATE VISUAL DEPICTIONS PUBLISHED ON THE PLATFORM; TO LIST CERTAIN REQUIREMENTS FOR THE NOTIFICATION; TO REQUIRE COVERED PLATFORMS TO PROVIDE A CLEAR AND CONSPICUOUS NOTICE OF THE NOTIFICATION AND REMOVAL PROCESS; TO REQUIRE THE COVERED PLATFORM TO REMOVE VIOLATIVE MATERIAL UPON NOTIFICATION FROM AN IDENTIFIABLE INDIVIDUAL; TO LIMIT A COVERED PLATFORM'S LIABILITY IN CERTAIN CIRCUMSTANCES; TO GRANT THE ATTORNEY GENERAL AUTHORITY TO ENFORCE CERTAIN SECTIONS; TO PROVIDE THAT A VIOLATION OF THIS ACT IS AN UNFAIR AND DECEPTIVE TRADE PRACTICE THAT IS ENFORCEABLE BY THE OFFICE OF THE ATTORNEY GENERAL; AND FOR RELATED PURPOSES.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MISSISSIPPI:
SECTION 1. This act shall be known and may be cited as the "Prohibition of Exploitation by Deepfakes Act."
SECTION 2. For the purposes of this act, the following words shall have the meanings ascribed herein unless the context clearly requires otherwise:
(a) "Consent" means an affirmative, conscious, and voluntary authorization made by an individual free from force, fraud, duress, misrepresentation, or coercion.
(b) "Morphed Image" means any intimate visual depiction of an identifiable individual created through the use of software, machine learning, artificial intelligence, or any other computer-generated, technological, or mechanical means, including by adapting, modifying, manipulating, or altering an authentic visual depiction that, when viewed as a whole by a reasonable person, is indistinguishable from an authentic visual depiction of the individual.
(c) "Identifiable individual" means an individual:
(i) Who appears in whole or in part in an intimate visual depiction; and
(ii) Whose face, likeness, or other distinguishable characteristic, including a unique birthmark or other recognizable feature, is displayed in connection with such intimate visual depiction.
(d) "Interactive computer service" means any information service, system, or access software provider that provides or enables computer access by multiple users to a computer server, including specifically a service or system that provides access to the internet and such systems operated or services offered by libraries or educational institutions.
(e) "Intimate visual depiction" means a visual depiction that:
(i) Depicts:
1. The uncovered genitals, pubic area, anus, or post-pubescent female nipple of an identifiable individual; or
2. The display or transfer of bodily sexual fluids:
A. On to any part of the body of an identifiable individual;
B. From the body of an identifiable individual; or
C. An identifiable individual engaging in sexually explicit conduct; and
(ii) Includes any visual depictions described in subparagraph (i) produced while the identifiable individual was in a public place only if the individual did not:
1. Voluntarily display the content depicted; or
2. Consent to the sexual conduct depicted.
(f) "Minor" means any individual under the age of eighteen (18) years.
(g) "Sexually explicit conduct" means actual or simulated:
(i) Sexual intercourse, including genital-genital, oral-genital, anal-genital, or oral-anal, whether between persons of the same or opposite sex;
(ii) Bestiality;
(iii) Masturbation;
(iv) Sadistic or masochistic abuse;
(v) Lascivious exhibition of the anus, genitals, or pubic area of any person; or
(vi) Fondling or other erotic touching of the genitals, pubic area, buttocks, anus, or breast.
(h) (i) "Covered platform" means a website, online service, online application, or mobile application that serves the public; and
1. That primarily provides a forum for user-generated content, including messages, videos, images, games, and audio files; or
2. For which it is in the regular course of trade or business of the website, online service, online application, or mobile application to publish, curate, host, or make available content of nonconsensual intimate visual depictions.
(ii) The term "covered platform" shall not include the following: a provider of broadband internet access service, electronic mail, and except as provided in subparagraph (h)(i)2, an online service, application, or website:
1. That consists primarily of content that is not user generated but is preselected by the provider of such online service, application, or website; and
2. For which any chat, comment, or interactive functionality is incidental to, directly related to, or dependent on the provision of the content described in item 1.
SECTION 3. (1) (a) Except as provided in paragraph (b) of this subsection (1), it shall be unlawful for any person to use an interactive computer service to knowingly publish an intimate visual depiction of an identifiable individual who is not a minor if:
(i) The intimate visual depiction was obtained or created under circumstances in which the person knew or reasonably should have known the identifiable individual had a reasonable expectation of privacy;
(ii) What is depicted was not voluntarily exposed by the identifiable individual in a public setting;
(iii) What is depicted is not a matter of public concern; and
(iv) Publication of the intimate visual depiction:
1. Is intended to cause harm; or
2. Causes harm, including psychological, financial, or reputational harm, to the identifiable individual.
(b) Paragraph (a) of this subsection (1) shall not apply to:
(i) A lawfully authorized investigative, protective, or intelligence activity of a law enforcement agency of the State of Mississippi, or a political subdivision of the state;
(ii) A disclosure made reasonably and in good faith:
1. To a law enforcement officer or agency;
2. As part of a document production or filing associated with a legal proceeding;
3. As part of medical education, diagnosis, or treatment or for a legitimate medical, scientific, or education purpose;
4. In the reporting of unlawful content or unsolicited or unwelcome conduct or in pursuance of a legal, professional, or other lawful obligation; or
5. To seek support or help with respect to the receipt of an unsolicited intimate visual depiction.
(iii) A disclosure reasonably intended to assist the identifiable individual; or
(iv) A person who possesses or publishes an intimate visual depiction of himself or herself engaged in nudity or sexually explicit conduct.
(2) (a) Except as provided in paragraph (b) of this subsection (2), it shall be unlawful for any person to use an interactive computer service to knowingly publish a morphed image of an identifiable individual who is not a minor if:
(i) The morphed image was published without the consent of the identifiable individual;
(ii) What is depicted was not voluntarily exposed by the identifiable individual in a public or commercial setting;
(iii) What is depicted is not a matter of public concern; and
(iv) Publication of the morphed image:
1. Is intended to cause harm; or
2. Causes harm, including psychological, financial, or reputational harm, to the identifiable individual.
(b) Paragraph (a) of this subsection (2) shall not apply to:
(i) A lawfully authorized investigative, protective, or intelligence activity of a law enforcement agency of the State of Mississippi or a political subdivision of the state;
(ii) A disclosure made reasonably and in good faith:
1. To a law enforcement officer or agency;
2. As part of a document production or filing associated with a legal proceeding;
3. As part of medical education, diagnosis, or treatment or for a legitimate medical, scientific, or education purpose;
4. In the reporting of unlawful content or unsolicited or unwelcome conduct or in pursuance of a legal, professional, or other lawful obligation; or
5. To seek support or help with respect to the receipt of an unsolicited intimate visual depiction.
(iii) A disclosure reasonably intended to assist the identifiable individual; or
(iv) A person who possesses or publishes a morphed image of himself or herself engaged in nudity or sexually explicit conduct.
(3) Any person who violates (1)(a) or (2)(a) of this section shall be fined under Section 97-29-109.
(4) For the purposes of subsections (1) and (2):
(a) The fact that the identifiable individual provided consent for the creation of the intimate visual depiction shall not establish that the individual provided consent for the publication of the intimate visual depiction; and
(b) The fact that the identifiable individual disclosed the intimate visual depiction to another individual shall not establish that the identifiable individual provided consent for the publication of the intimate visual depiction by the person alleged to have violated subsection (1) or (2), respectively.
(5) Any person who intentionally threatens to commit an offense under subsection (1) for the purpose of intimidation, coercion, extortion, or to create mental distress shall be punished as described in subsection (3).
(6) The court, in imposing a sentence on any person convicted of a violation, shall order, in addition to any other sentence imposed and irrespective of any other provision of law, that the person forfeit to the State of Mississippi:
(a) Any material distributed in violation of that paragraph;
(b) The person's interest in property, real or personal, constituting or derived from any gross proceeds of the violation, or any property traceable to such property, obtained or retained directly or indirectly as a result of the violation; and
(c) Any personal property of the person used, or intended to be used, in any manner or part, to commit or to facilitate the commission of the violation.
SECTION 4. (1) (a) Not later than one (1) year after the date of enactment of this act, 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:
1. Includes a depiction of the identifiable individual; and
2. 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) A notification and request for removal of an intimate visual depiction submitted under the process established under paragraph (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 subparagraph (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) 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 notification and removal process established under subsection (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) 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 subsection (1)(a)(ii) of this section, a covered platform shall, as soon as possible, but not later than forty-eight (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) 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.
(5) A failure to reasonably comply with the notice and takedown obligations under this section shall be treated as a violation of a rule defining an unfair or a deceptive act or practice under Section 75-24-5.
(6) The attorney general shall enforce this section. Notwithstanding any other provision of law, the attorney general shall also enforce this section in the same manner with respect to organizations that are not organized to carry on business for their own profit or that of their members.
SECTION 5. Section 75-24-5, Mississippi Code of 1972, is amended as follows:
75-24-5. (1) Unfair methods of competition affecting commerce and unfair or deceptive trade practices in or affecting commerce are prohibited. Action may be brought under Section 75-24-5(1) only under the provisions of Section 75-24-9.
(2) Without limiting the scope of subsection (1) of this section, the following unfair methods of competition and unfair or deceptive trade practices or acts in the conduct of any trade or commerce are hereby prohibited:
(a) Passing off goods or services as those of another;
(b) Misrepresentation of the source, sponsorship, approval, or certification of goods or services;
(c) Misrepresentation of affiliation, connection, or association with, or certification by another;
(d) Misrepresentation of designations of geographic origin in connection with goods or services;
(e) Representing that goods or services have sponsorship, approval, characteristics, ingredients, uses, benefits, or quantities that they do not have or that a person has a sponsorship, approval, status, affiliation, or connection that he does not have;
(f) Representing that goods are original or new if they are reconditioned, reclaimed, used, or secondhand;
(g) Representing that goods or services are of a particular standard, quality, or grade, or that goods are of a particular style or model, if they are of another;
(h) Disparaging the goods, services, or business of another by false or misleading representation of fact;
(i) Advertising goods or services with intent not to sell them as advertised;
(j) Advertising goods or services with intent not to supply reasonably expectable public demand, unless the advertisement discloses a limitation of quantity;
(k) Misrepresentations of fact concerning the reasons for, existence of, or amounts of price reductions;
(l) Advertising by or on behalf of any licensed or regulated health care professional which does not specifically describe the license or qualifications of the licensed or regulated health care professional;
(m) Charging an increased premium for reinstating a motor vehicle insurance policy that was cancelled or suspended by the insured solely for the reason that he was transferred out of this state while serving in the United States Armed Forces or on active duty in the National Guard or United States Armed Forces Reserve. It is also an unfair practice for an insurer to charge an increased premium for a new motor vehicle insurance policy if the applicant for coverage or his covered dependents were previously insured with a different insurer and canceled that policy solely for the reason that he was transferred out of this state while serving in the United States Armed Forces or on active duty in the National Guard or United States Armed Forces Reserve. For purposes of determining premiums, an insurer shall consider such persons as having maintained continuous coverage. The provisions of this paragraph (m) shall apply only to such instances when the insured does not drive the vehicle during the period of cancellation or suspension of his policy;
(n) Violating the provisions of Section 75-24-8;
(o) Violating the provisions of Section 73-3-38;
(p) Violating any of the provisions of Title 41, Chapter 149, Mississippi Code of 1972; * * * and
(q) Violating any of the provisions of Title 45, Chapter 38, Mississippi Code of 1972 * * *. ;and
(r) Violating any provisions of Sections 1 through 3 of this act.
SECTION 6. If any provision of this act, or an amendment made by this act, is determined to be unenforceable or invalid, the remaining provisions of this act and the amendments made by this act shall not be affected.
SECTION 7. This act shall take effect and be in force from and after July 1, 2025.