Removal of Altered Sexual Depictions Posted without Consent :
Summary
HB 1161, titled “Brooke’s Law,” creates a new removal process for altered sexual depictions posted without a person’s consent on certain online platforms. The bill defines a “covered platform” as a public website, online service, online application, or mobile application that primarily hosts user-generated content, or that regularly publishes or hosts nonconsensual altered sexual depictions. By December 31, 2025, covered platforms must establish a process allowing an identifiable person, or someone authorized to act for them, to notify the platform and request removal of the altered sexual depiction.
The bill specifies what a valid removal request must include, requires platforms to post a clear and conspicuous notice describing the process, and directs platforms to remove the content and make reasonable efforts to remove known identical copies within 48 hours of receiving a valid request. It also provides immunity for good-faith removal or disabling of access to material that appears to be unlawful, and it treats unreasonable noncompliance as an unfair or deceptive trade practice under Florida’s consumer protection law. The bill excludes certain services, including telecommunications and email, and does not apply to some primarily preselected-content websites where interactive features are incidental.
Impact
The bill amends section 836.13, Florida Statutes, by adding a platform-based notice-and-takedown framework for nonconsensual altered sexual depictions and by tying enforcement to Florida’s Deceptive and Unfair Trade Practices Act in chapter 501. It imposes new operational duties on covered online platforms, including notice publication, intake procedures, and rapid removal obligations, while also creating liability protections for good-faith moderation decisions. The law affects platform operators, victims of image-based sexual abuse, and authorized representatives acting on their behalf.
Sentiment
The available record suggests the bill was broadly supported and ultimately enacted, with no recorded committee transcript debate or vote history in the provided materials indicating significant opposition. Its passage and final enactment as Chapter No. 2025-133 suggest a generally favorable legislative sentiment toward expanding remedies for victims of nonconsensual altered sexual imagery and requiring online platforms to respond quickly to removal requests.
Contention
The main policy tension in the bill is between protecting individuals from nonconsensual altered sexual depictions and limiting burdens on online services. Potential points of contention include the 48-hour removal deadline, the scope of platforms covered, the requirement to remove identical copies, and the use of consumer-protection penalties for noncompliance. The bill addresses some concerns by carving out certain services, providing a good-faith immunity for platforms, and excluding categories such as email and some preselected-content websites.