A.G. Gancarski
“Brooke’s Law” keeps moving in the Legislature, with the Senate Rules Committee advancing it.
SB 1400, sponsored by Sen. Alexis Calatayud, is designed to require internet platforms to remove altered sexual depictions and copies of such depictions from their platform upon request of the victim.
“This legislation addresses the reality there’s no avenue by which an altered sexual depiction posted on an internet platform can be removed by the individual whose image was used. We’re specifically talking about deep fake images, of which 99% are women and 98% are pornographic,” Calatayud said.
The bill was inspired by what Jacksonville’s Brooke Curry went through in 2023, when a deepfake nude of her was posted to social media.
The legislation would require internet platforms to develop and prominently promote a policy by the end of 2025 for removing deepfake images and videos of this type after someone is victimized in this way.
“This bill prescribes a timeline for platforms to create a process for the removal of altered sexual depictions that were created without the consent of the identifiable person and outlined specific requirements for the process, including a clear and conspicuous notice of the process of platform to remove it. They must remove the image within 48 hours after receiving a valid request and make a reasonable effort to remove other copies of the images,” Calatayud added.
The bill, which envisions the Florida Unfair Trade and Deceptive Practices Act as its enforcement mechanism, expands on legislation championed by former Senate Democratic Leader Lauren Book that imposed criminal and civil penalties by creating law to force sites to take the objectionable image down.
Calatayud noted that the legislation is particularly important given “underaged women” are targeted by the technological depravity.
The House version cleared its final committee on Monday, and it too is ready for floor consideration.
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