The proposed bill, H. 3406, aims to amend the South Carolina Code of Laws by adding Article 9 to Chapter 5, Title 39, which addresses online technological exploitation. It establishes definitions related to consent, pornographic images, and covered platforms, and outlines the responsibilities of covered platform operators regarding the uploading of pornographic content. Specifically, operators are prohibited from allowing users to upload such images without verifying the user's identity and age, as well as obtaining explicit written consent from individuals depicted in the images. The bill also mandates the creation of consent forms by the Attorney General and sets forth procedures for the removal of non-consensual images from platforms.
Additionally, the bill introduces civil and criminal penalties for violations of these provisions, including fines for covered platform operators and the possibility of imprisonment for individuals who knowingly publish intimate visual depictions without consent. A legislative committee is established to examine sentencing for online technological exploitation and to recommend further actions to protect survivors. The bill is set to take effect ninety days after receiving approval from the Governor.