The proposed bill, titled "Brooke's Law," aims to address the issue of altered sexual depictions posted online without the consent of the individuals depicted. It amends section 836.13 of the Florida Statutes by introducing the definition of "covered platform," which refers to websites and applications that primarily host user-generated content or regularly publish nonconsensual altered sexual depictions. The bill mandates that these covered platforms establish a process by December 31, 2025, allowing identifiable individuals or their authorized representatives to notify the platform of such depictions and request their removal. The process must include specific requirements for the notification, such as a signature, identification of the altered depiction, and a statement of good faith belief regarding the lack of consent.
Additionally, the bill provides immunity for covered platforms that comply in good faith with removal requests and prohibits unreasonable failures to comply. It outlines the obligations of these platforms to provide clear notice of the removal process and to act on valid requests within 48 hours. The bill also specifies that failure to comply with these obligations may be treated as an unfair or deceptive act, subjecting the responsible parties to penalties under existing consumer protection laws. Exceptions are included for certain services, such as telecommunications and electronic mail, and the bill includes a severability clause to ensure that if any part is found invalid, the remaining provisions will still stand.