PRINTER'S NO. 557
THE GENERAL ASSEMBLY OF PENNSYLVANIA
SENATE BILL
No.568
Session of
2025
INTRODUCED BY PENNYCUICK, HAYWOOD, J. WARD, FONTANA, DUSH,
LAUGHLIN AND STEFANO, APRIL 4, 2025
REFERRED TO COMMUNICATIONS AND TECHNOLOGY, APRIL 4, 2025
AN ACT
Providing for the removal of nonconsenting intimate depictions
from social media platforms.
The General Assembly of the Commonwealth of Pennsylvania
hereby enacts as follows:
Section 1. Short title.
This act shall be known and may be cited as the Notice and
Removal of Nonconsenting Intimate Depictions Act.
Section 2. Definitions.
The following words and phrases when used in this act shall
have the meanings given to them in this section unless the
context clearly indicates otherwise:
"Affected individual." An individual who resides in this
Commonwealth and has unauthorized or nonconsenting images of
themselves in a state of nudity, undress or engaged in sexual
conduct, as defined in 18 Pa.C.S. § 5903(e)(3) (relating to
obscene and other sexual materials and performances).
"Covered online platform." A public or semipublic Internet
website, Internet-based service, social media platform,
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18 application or mobile application that primarily provides a
forum for user-generated content, including messages, videos,
images, games and audio files.
"Depiction." A visual depiction or artificially generated
sexual depiction, as defined in 18 Pa.C.S. § 3131(g) (relating
to unlawful dissemination of intimate image).
"Social media platform." A public or semipublic Internet-
based service or application that has users in this Commonwealth
and that meets all of the following criteria:
(1) A substantial function of the service or application
is to connect users in order to allow users to interact
socially with each other within the service or application.
(2) The service or application allows users to do all of
the following:
(i) Construct a public or semipublic profile for
purposes of signing into and using the service or
application.
(ii) Populate a list of other users with whom an
individual shares a social connection within the system.
(iii) Create or post content viewable by other
users, including on message boards, in chat rooms or
through a landing page or main feed that presents the
user with content generated by other users.
Section 3. Notification and removal.
Upon notification from an affected individual, legal
representative or an affected individual's parent or legal
guardian, a covered online platform shall remove the reported
depiction within 48 hours and make reasonable efforts to
identify and remove each known identical copy of the depiction.
A covered online platform shall:
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30 (1) Have an Internet website for affected individuals to
submit notification and request a depiction to be removed.
(2) Provide on the platform a clear and conspicuous
notice of the Internet website described in paragraph (1) for
notification as described under paragraph (1).
(3) 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. It shall be a
defense that the covered online platform made all reasonable
attempts to remove the depiction as technology allows.
Section 4. Applicability.
An Internet service provider, a service or an application
that provides email or direct messaging services or cloud
computing shall not be considered to be a covered online
platform solely on the basis of that function.
Section 5. Effective date.
This act shall take effect in 90 days.
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