WHAT THIS BILL REGULATES · 5 REQUIREMENT TYPES
How Is This Bill Enforced
Verbatim statutory text on the left; plain-language analysis and a per-section checklist on the right. Numbered markers cross-link to the matching checklist row.
As used in this chapter: (1) "Artificial intelligence technologyArtificial intelligence technology"Artificial intelligence technology" means the same as that term is defined in Section 13-72-101.Utah Code § 13-72b-101(1)" means the same as that term is defined in Section 13-72-101. (2) "ConsentConsent"Consent" means express permission, freely and voluntarily given by an identifiable individual, with full knowledge of the nature and purpose of the generation of an intimate image depicting the individual, where the consent: (a) is specific to the particular intimate image being generated; (b) is obtained before the generation of the intimate image; and (c) may be revoked at any time.Utah Code § 13-72b-101(2)" means express permission, freely and voluntarily given by an identifiable individualIdentifiable individual"Identifiable individual" means an individual who is recognizable as an actual human individual by the human individual's face, likeness, or other distinguishing characteristic, including a unique physical feature or other recognizable attribute.Utah Code § 13-72b-101(8), with full knowledge of the nature and purpose of the generation of an intimate imageIntimate image"Intimate image" means an "intimate visual depiction" as those terms are defined in the Take It Down Act.Utah Code § 13-72b-101(10) depicting the individual, where the consentConsent"Consent" means express permission, freely and voluntarily given by an identifiable individual, with full knowledge of the nature and purpose of the generation of an intimate image depicting the individual, where the consent: (a) is specific to the particular intimate image being generated; (b) is obtained before the generation of the intimate image; and (c) may be revoked at any time.Utah Code § 13-72b-101(2): (a) is specific to the particular intimate imageIntimate image"Intimate image" means an "intimate visual depiction" as those terms are defined in the Take It Down Act.Utah Code § 13-72b-101(10) being generated; (b) is obtained before the generation of the intimate imageIntimate image"Intimate image" means an "intimate visual depiction" as those terms are defined in the Take It Down Act.Utah Code § 13-72b-101(10); and (c) may be revoked at any time. (3) "Counterfeit intimate imageCounterfeit intimate image"Counterfeit intimate image" means a "digital forgery" as that term is defined in the Take It Down Act.Utah Code § 13-72b-101(3)" means a "digital forgery" as that term is defined in the Take It Down Act. (4) "Covered platformCovered platform"Covered platform" means the same as that term is defined in Section 3 of the Take It Down Act, Public Law 119-12, 139 Stat. 59, codified at 47 U.S.C. 230 note.Utah Code § 13-72b-101(4)" means the same as that term is defined in Section 3 of the Take It Down Act, Public Law 119-12, 139 Stat. 59, codified at 47 U.S.C. 230 note. (5)(a) "DistributeDistribute"Distribute" means to sell, exhibit, display, publish, provide, give, provide access to, or otherwise transfer a counterfeit intimate image, with or without consideration. "Distribute" includes the generation of a counterfeit intimate image by a generation service and the subsequent provision of that counterfeit intimate image to the user.Utah Code § 13-72b-101(5)" means to sell, exhibit, display, publish, provide, give, provide access to, or otherwise transfer a counterfeit intimate imageCounterfeit intimate image"Counterfeit intimate image" means a "digital forgery" as that term is defined in the Take It Down Act.Utah Code § 13-72b-101(3), with or without consideration. (b) "DistributeDistribute"Distribute" means to sell, exhibit, display, publish, provide, give, provide access to, or otherwise transfer a counterfeit intimate image, with or without consideration. "Distribute" includes the generation of a counterfeit intimate image by a generation service and the subsequent provision of that counterfeit intimate image to the user.Utah Code § 13-72b-101(5)" includes the generation of a counterfeit intimate imageCounterfeit intimate image"Counterfeit intimate image" means a "digital forgery" as that term is defined in the Take It Down Act.Utah Code § 13-72b-101(3) by a generation serviceGeneration service"Generation service" means a person that operates, maintains, or provides an interactive computer service that: (a) enables users to generate intimate images; (b) processes user image generation requests through servers, computer systems, or computing resources controlled by the service operator rather than solely on the user's local device; and (c) distributes generated intimate images to users through the service.Utah Code § 13-72b-101(7) and the subsequent provision of that counterfeit intimate imageCounterfeit intimate image"Counterfeit intimate image" means a "digital forgery" as that term is defined in the Take It Down Act.Utah Code § 13-72b-101(3) to the userUser"User" means a Utah resident who accesses, interacts with, or uses an interactive computer service, platform, generation service, generative artificial intelligence system, or capture device.Utah Code § 13-72c-101(16). (6) "GenerateGenerate"Generate" means to create, produce, compose, materially edit, or facilitate the creation of an intimate image through the use of artificial intelligence technology.Utah Code § 13-72b-101(6)" means to create, produce, compose, materially edit, or facilitate the creation of an intimate imageIntimate image"Intimate image" means an "intimate visual depiction" as those terms are defined in the Take It Down Act.Utah Code § 13-72b-101(10) through the use of artificial intelligence technologyArtificial intelligence technology"Artificial intelligence technology" means the same as that term is defined in Section 13-72-101.Utah Code § 13-72b-101(1). (7) "Generation serviceGeneration service"Generation service" means a person that operates, maintains, or provides an interactive computer service that: (a) enables users to generate intimate images; (b) processes user image generation requests through servers, computer systems, or computing resources controlled by the service operator rather than solely on the user's local device; and (c) distributes generated intimate images to users through the service.Utah Code § 13-72b-101(7)" means a person that operates, maintains, or provides an interactive computer service that: (a) enables usersUser"User" means a Utah resident who accesses, interacts with, or uses an interactive computer service, platform, generation service, generative artificial intelligence system, or capture device.Utah Code § 13-72c-101(16) to generateGenerate"Generate" means to create, produce, compose, materially edit, or facilitate the creation of an intimate image through the use of artificial intelligence technology.Utah Code § 13-72b-101(6) intimate imagesIntimate image"Intimate image" means an "intimate visual depiction" as those terms are defined in the Take It Down Act.Utah Code § 13-72b-101(10); (b) processes userUser"User" means a Utah resident who accesses, interacts with, or uses an interactive computer service, platform, generation service, generative artificial intelligence system, or capture device.Utah Code § 13-72c-101(16) image generation requests through servers, computer systems, or computing resources controlled by the service operator rather than solely on the userUser"User" means a Utah resident who accesses, interacts with, or uses an interactive computer service, platform, generation service, generative artificial intelligence system, or capture device.Utah Code § 13-72c-101(16)'s local device; and (c) distributesDistribute"Distribute" means to sell, exhibit, display, publish, provide, give, provide access to, or otherwise transfer a counterfeit intimate image, with or without consideration. "Distribute" includes the generation of a counterfeit intimate image by a generation service and the subsequent provision of that counterfeit intimate image to the user.Utah Code § 13-72b-101(5) generated intimate imagesIntimate image"Intimate image" means an "intimate visual depiction" as those terms are defined in the Take It Down Act.Utah Code § 13-72b-101(10) to usersUser"User" means a Utah resident who accesses, interacts with, or uses an interactive computer service, platform, generation service, generative artificial intelligence system, or capture device.Utah Code § 13-72c-101(16) through the service. (8) "Identifiable individualIdentifiable individual"Identifiable individual" means an individual who is recognizable as an actual human individual by the human individual's face, likeness, or other distinguishing characteristic, including a unique physical feature or other recognizable attribute.Utah Code § 13-72b-101(8)" means an individual who is recognizable as an actual human individual by the human individual's face, likeness, or other distinguishing characteristic, including a unique physical feature or other recognizable attribute. (9) "Interactive computer service" means the same as that term is defined in 47 U.S.C. Sec. 230(f)(2). (10) "Intimate imageIntimate image"Intimate image" means an "intimate visual depiction" as those terms are defined in the Take It Down Act.Utah Code § 13-72b-101(10)" means an "intimate visual depiction" as those terms are defined in the Take It Down Act. (11) "Reasonable expectation of privacyReasonable expectation of privacy"Reasonable expectation of privacy" means an individual's expectation that: (a) the individual's body will not be viewed, recorded, or depicted in an intimate image without the individual's knowledge and consent; and (b) an intimate image of the individual will not be generated, created, distributed, or manipulated without the individual's knowledge and consent.Utah Code § 13-72b-101(11)" means an individual's expectation that: (a) the individual's body will not be viewed, recorded, or depicted in an intimate imageIntimate image"Intimate image" means an "intimate visual depiction" as those terms are defined in the Take It Down Act.Utah Code § 13-72b-101(10) without the individual's knowledge and consentConsent"Consent" means express permission, freely and voluntarily given by an identifiable individual, with full knowledge of the nature and purpose of the generation of an intimate image depicting the individual, where the consent: (a) is specific to the particular intimate image being generated; (b) is obtained before the generation of the intimate image; and (c) may be revoked at any time.Utah Code § 13-72b-101(2); and (b) an intimate image of the individual will not be generated, created, distributed, or manipulated without the individual's knowledge and consentConsent"Consent" means express permission, freely and voluntarily given by an identifiable individual, with full knowledge of the nature and purpose of the generation of an intimate image depicting the individual, where the consent: (a) is specific to the particular intimate image being generated; (b) is obtained before the generation of the intimate image; and (c) may be revoked at any time.Utah Code § 13-72b-101(2). (12) "Sexually explicit conductSexually explicit conduct"Sexually explicit conduct" means the same as that term is defined in 18 U.S.C. Sec. 2256(2)(A).Utah Code § 13-72b-101(12)" means the same as that term is defined in 18 U.S.C. Sec. 2256(2)(A). (13) "Take It Down Act" means the Tools to Address Known Exploitation by Immobilizing Technological Deepfakes on Websites and Networks Act, Public Law 119-12, codified at 47 U.S.C. Sec. 230 note.
This section establishes the definitions for the Digital Voyeurism Prevention Act, including the key terms generation service, covered platform, counterfeit intimate image, consent, and identifiable individual. The definitions incorporate several terms by reference to the federal Take It Down Act and 18 U.S.C. § 2256. Notably, the definition of distribute is broad enough to encompass the act of generating a counterfeit intimate image by a generation service and then providing it to the user — meaning the generation itself triggers distribution liability even before any third-party sharing.
(1)–(2) 1 The distribution of a counterfeit intimate imageCounterfeit intimate image"Counterfeit intimate image" means a "digital forgery" as that term is defined in the Take It Down Act.Utah Code § 13-72b-101(3) by a generation serviceGeneration service"Generation service" means a person that operates, maintains, or provides an interactive computer service that: (a) enables users to generate intimate images; (b) processes user image generation requests through servers, computer systems, or computing resources controlled by the service operator rather than solely on the user's local device; and (c) distributes generated intimate images to users through the service.Utah Code § 13-72b-101(7) without the consent of the identifiable individualIdentifiable individual"Identifiable individual" means an individual who is recognizable as an actual human individual by the human individual's face, likeness, or other distinguishing characteristic, including a unique physical feature or other recognizable attribute.Utah Code § 13-72b-101(8) depicted in the image is a violation of the individual's reasonable expectation of privacyReasonable expectation of privacy"Reasonable expectation of privacy" means an individual's expectation that: (a) the individual's body will not be viewed, recorded, or depicted in an intimate image without the individual's knowledge and consent; and (b) an intimate image of the individual will not be generated, created, distributed, or manipulated without the individual's knowledge and consent.Utah Code § 13-72b-101(11). (2) A generation serviceGeneration service"Generation service" means a person that operates, maintains, or provides an interactive computer service that: (a) enables users to generate intimate images; (b) processes user image generation requests through servers, computer systems, or computing resources controlled by the service operator rather than solely on the user's local device; and (c) distributes generated intimate images to users through the service.Utah Code § 13-72b-101(7) may not distributeDistribute"Distribute" means to sell, exhibit, display, publish, provide, give, provide access to, or otherwise transfer a counterfeit intimate image, with or without consideration. "Distribute" includes the generation of a counterfeit intimate image by a generation service and the subsequent provision of that counterfeit intimate image to the user.Utah Code § 13-72b-101(5) a counterfeit intimate imageCounterfeit intimate image"Counterfeit intimate image" means a "digital forgery" as that term is defined in the Take It Down Act.Utah Code § 13-72b-101(3) without first obtaining consentConsent"Consent" means express permission, freely and voluntarily given by an identifiable individual, with full knowledge of the nature and purpose of the generation of an intimate image depicting the individual, where the consent: (a) is specific to the particular intimate image being generated; (b) is obtained before the generation of the intimate image; and (c) may be revoked at any time.Utah Code § 13-72b-101(2) from the identifiable individualIdentifiable individual"Identifiable individual" means an individual who is recognizable as an actual human individual by the human individual's face, likeness, or other distinguishing characteristic, including a unique physical feature or other recognizable attribute.Utah Code § 13-72b-101(8) depicted in the counterfeit intimate imageCounterfeit intimate image"Counterfeit intimate image" means a "digital forgery" as that term is defined in the Take It Down Act.Utah Code § 13-72b-101(3).
(3) 1 To obtain consentConsent"Consent" means express permission, freely and voluntarily given by an identifiable individual, with full knowledge of the nature and purpose of the generation of an intimate image depicting the individual, where the consent: (a) is specific to the particular intimate image being generated; (b) is obtained before the generation of the intimate image; and (c) may be revoked at any time.Utah Code § 13-72b-101(2) sufficient to meet the requirements of Subsection (2), a generation serviceGeneration service"Generation service" means a person that operates, maintains, or provides an interactive computer service that: (a) enables users to generate intimate images; (b) processes user image generation requests through servers, computer systems, or computing resources controlled by the service operator rather than solely on the user's local device; and (c) distributes generated intimate images to users through the service.Utah Code § 13-72b-101(7) shall implement and maintain a consentConsent"Consent" means express permission, freely and voluntarily given by an identifiable individual, with full knowledge of the nature and purpose of the generation of an intimate image depicting the individual, where the consent: (a) is specific to the particular intimate image being generated; (b) is obtained before the generation of the intimate image; and (c) may be revoked at any time.Utah Code § 13-72b-101(2) system that: (a) requires the identifiable individualIdentifiable individual"Identifiable individual" means an individual who is recognizable as an actual human individual by the human individual's face, likeness, or other distinguishing characteristic, including a unique physical feature or other recognizable attribute.Utah Code § 13-72b-101(8) depicted in the counterfeit intimate imageCounterfeit intimate image"Counterfeit intimate image" means a "digital forgery" as that term is defined in the Take It Down Act.Utah Code § 13-72b-101(3) to affirmatively provide consentConsent"Consent" means express permission, freely and voluntarily given by an identifiable individual, with full knowledge of the nature and purpose of the generation of an intimate image depicting the individual, where the consent: (a) is specific to the particular intimate image being generated; (b) is obtained before the generation of the intimate image; and (c) may be revoked at any time.Utah Code § 13-72b-101(2) before the counterfeit intimate imageCounterfeit intimate image"Counterfeit intimate image" means a "digital forgery" as that term is defined in the Take It Down Act.Utah Code § 13-72b-101(3) is distributed; (b) assures the identity of the individual providing consentConsent"Consent" means express permission, freely and voluntarily given by an identifiable individual, with full knowledge of the nature and purpose of the generation of an intimate image depicting the individual, where the consent: (a) is specific to the particular intimate image being generated; (b) is obtained before the generation of the intimate image; and (c) may be revoked at any time.Utah Code § 13-72b-101(2) with reasonable accuracy; and (c) maintains a record of the consentConsent"Consent" means express permission, freely and voluntarily given by an identifiable individual, with full knowledge of the nature and purpose of the generation of an intimate image depicting the individual, where the consent: (a) is specific to the particular intimate image being generated; (b) is obtained before the generation of the intimate image; and (c) may be revoked at any time.Utah Code § 13-72b-101(2) for a period of not less than seven years.
(4) 2 A generation serviceGeneration service"Generation service" means a person that operates, maintains, or provides an interactive computer service that: (a) enables users to generate intimate images; (b) processes user image generation requests through servers, computer systems, or computing resources controlled by the service operator rather than solely on the user's local device; and (c) distributes generated intimate images to users through the service.Utah Code § 13-72b-101(7) may not require an individual to disclose personally identifiable information beyond what is reasonably necessary to assure the individual's identity and obtain valid consentConsent"Consent" means express permission, freely and voluntarily given by an identifiable individual, with full knowledge of the nature and purpose of the generation of an intimate image depicting the individual, where the consent: (a) is specific to the particular intimate image being generated; (b) is obtained before the generation of the intimate image; and (c) may be revoked at any time.Utah Code § 13-72b-101(2).
This section establishes the core prohibition of the Digital Voyeurism Prevention Act: a generation service may not distribute a counterfeit intimate image without first obtaining consent from the depicted identifiable individual. The consent must be affirmative, identity-verified with reasonable accuracy, specific to the particular image, and obtained before distribution. Consent records must be retained for at least seven years. The section also imposes a data-minimization requirement, prohibiting collection of personally identifiable information beyond what is reasonably necessary for identity verification and consent.
(1)–(6) A person, or the heirs of a deceased person, who has been injured by a violation recognized in Section 13-72b-201 may bring a civil action against the generation serviceGeneration service"Generation service" means a person that operates, maintains, or provides an interactive computer service that: (a) enables users to generate intimate images; (b) processes user image generation requests through servers, computer systems, or computing resources controlled by the service operator rather than solely on the user's local device; and (c) distributes generated intimate images to users through the service.Utah Code § 13-72b-101(7) that committed the violation. (2) If in an action described in Subsection (1) the court finds the defendant is violating or has violated any provision of Section 13-72b-201, the court shall: (a) enjoin the defendant from continuing the violation; and (b) order the defendant to remove or destroy any counterfeit intimate imageCounterfeit intimate image"Counterfeit intimate image" means a "digital forgery" as that term is defined in the Take It Down Act.Utah Code § 13-72b-101(3) distributed in violation of Section 13-72b-201 and all copies of the counterfeit intimate imageCounterfeit intimate image"Counterfeit intimate image" means a "digital forgery" as that term is defined in the Take It Down Act.Utah Code § 13-72b-101(3) within the defendant's possession or control. (3) It is not necessary that actual damages to the plaintiff be alleged or proved in an action under this section. (4) A plaintiff in an action under this section is entitled to recover: (a) actual damages sustained, if any, including damages for emotional distress; (b) punitive damages, if the violation is found to be willful, reckless, or malicious; and (c) reasonable attorney fees and costs. (5) Each distribution of a counterfeit intimate imageCounterfeit intimate image"Counterfeit intimate image" means a "digital forgery" as that term is defined in the Take It Down Act.Utah Code § 13-72b-101(3) depicting an identifiable individualIdentifiable individual"Identifiable individual" means an individual who is recognizable as an actual human individual by the human individual's face, likeness, or other distinguishing characteristic, including a unique physical feature or other recognizable attribute.Utah Code § 13-72b-101(8) without consentConsent"Consent" means express permission, freely and voluntarily given by an identifiable individual, with full knowledge of the nature and purpose of the generation of an intimate image depicting the individual, where the consent: (a) is specific to the particular intimate image being generated; (b) is obtained before the generation of the intimate image; and (c) may be revoked at any time.Utah Code § 13-72b-101(2) constitutes a separate violation. (6) The statute of limitations for a civil action under this section is the later of: (a) three years from the date the plaintiff discovered or reasonably should have discovered the violation; or (b) 10 years from the date of the violation.
This section establishes the private right of action and damages framework for violations by generation services. An injured person or the heirs of a deceased person may sue; no proof of actual damages is required. Available remedies include actual damages (including emotional distress), punitive damages for willful, reckless, or malicious violations, attorney fees, and mandatory injunctive relief and image removal/destruction. Each distribution constitutes a separate violation. The statute of limitations runs to the later of three years from discovery or ten years from the date of violation.
(1)–(5) A generation serviceGeneration service"Generation service" means a person that operates, maintains, or provides an interactive computer service that: (a) enables users to generate intimate images; (b) processes user image generation requests through servers, computer systems, or computing resources controlled by the service operator rather than solely on the user's local device; and (c) distributes generated intimate images to users through the service.Utah Code § 13-72b-101(7) is not liable under Section 13-72b-202 if the generation serviceGeneration service"Generation service" means a person that operates, maintains, or provides an interactive computer service that: (a) enables users to generate intimate images; (b) processes user image generation requests through servers, computer systems, or computing resources controlled by the service operator rather than solely on the user's local device; and (c) distributes generated intimate images to users through the service.Utah Code § 13-72b-101(7) demonstrates that: (a) the generation serviceGeneration service"Generation service" means a person that operates, maintains, or provides an interactive computer service that: (a) enables users to generate intimate images; (b) processes user image generation requests through servers, computer systems, or computing resources controlled by the service operator rather than solely on the user's local device; and (c) distributes generated intimate images to users through the service.Utah Code § 13-72b-101(7) does not hold itself out as providing services for creating counterfeit intimate imagesCounterfeit intimate image"Counterfeit intimate image" means a "digital forgery" as that term is defined in the Take It Down Act.Utah Code § 13-72b-101(3); (b) the generation serviceGeneration service"Generation service" means a person that operates, maintains, or provides an interactive computer service that: (a) enables users to generate intimate images; (b) processes user image generation requests through servers, computer systems, or computing resources controlled by the service operator rather than solely on the user's local device; and (c) distributes generated intimate images to users through the service.Utah Code § 13-72b-101(7) has implemented and maintains a written policy that: (i) prohibits the generation and distribution of non-consensual counterfeit intimate imagesCounterfeit intimate image"Counterfeit intimate image" means a "digital forgery" as that term is defined in the Take It Down Act.Utah Code § 13-72b-101(3); (ii) includes reasonable safeguards designed to prevent the creation of counterfeit intimate imagesCounterfeit intimate image"Counterfeit intimate image" means a "digital forgery" as that term is defined in the Take It Down Act.Utah Code § 13-72b-101(3); and (iii) includes procedures for responding to reports of violations; (c) the generation serviceGeneration service"Generation service" means a person that operates, maintains, or provides an interactive computer service that: (a) enables users to generate intimate images; (b) processes user image generation requests through servers, computer systems, or computing resources controlled by the service operator rather than solely on the user's local device; and (c) distributes generated intimate images to users through the service.Utah Code § 13-72b-101(7) acted in accordance with the policy described in Subsection (1)(b) with respect to the alleged violation; (d) the generation serviceGeneration service"Generation service" means a person that operates, maintains, or provides an interactive computer service that: (a) enables users to generate intimate images; (b) processes user image generation requests through servers, computer systems, or computing resources controlled by the service operator rather than solely on the user's local device; and (c) distributes generated intimate images to users through the service.Utah Code § 13-72b-101(7) published the policy described in Subsection (1)(b) in a clear and conspicuous location accessible to the public on the generation serviceGeneration service"Generation service" means a person that operates, maintains, or provides an interactive computer service that: (a) enables users to generate intimate images; (b) processes user image generation requests through servers, computer systems, or computing resources controlled by the service operator rather than solely on the user's local device; and (c) distributes generated intimate images to users through the service.Utah Code § 13-72b-101(7)'s website or primary userUser"User" means a Utah resident who accesses, interacts with, or uses an interactive computer service, platform, generation service, generative artificial intelligence system, or capture device.Utah Code § 13-72c-101(16) interface; (e) the generation serviceGeneration service"Generation service" means a person that operates, maintains, or provides an interactive computer service that: (a) enables users to generate intimate images; (b) processes user image generation requests through servers, computer systems, or computing resources controlled by the service operator rather than solely on the user's local device; and (c) distributes generated intimate images to users through the service.Utah Code § 13-72b-101(7) published a general description of the reasonable safeguards described in Subsection (1)(b)(ii), which may describe technical measures in general terms without disclosing proprietary implementation details that could be exploited to circumvent the safeguards; (f) the generation serviceGeneration service"Generation service" means a person that operates, maintains, or provides an interactive computer service that: (a) enables users to generate intimate images; (b) processes user image generation requests through servers, computer systems, or computing resources controlled by the service operator rather than solely on the user's local device; and (c) distributes generated intimate images to users through the service.Utah Code § 13-72b-101(7) implemented and maintained a consentConsent"Consent" means express permission, freely and voluntarily given by an identifiable individual, with full knowledge of the nature and purpose of the generation of an intimate image depicting the individual, where the consent: (a) is specific to the particular intimate image being generated; (b) is obtained before the generation of the intimate image; and (c) may be revoked at any time.Utah Code § 13-72b-101(2) system that complies with Subsection 13-72b-201(3); and (g) upon receiving notice that a counterfeit intimate imageCounterfeit intimate image"Counterfeit intimate image" means a "digital forgery" as that term is defined in the Take It Down Act.Utah Code § 13-72b-101(3) was created or distributed without consentConsent"Consent" means express permission, freely and voluntarily given by an identifiable individual, with full knowledge of the nature and purpose of the generation of an intimate image depicting the individual, where the consent: (a) is specific to the particular intimate image being generated; (b) is obtained before the generation of the intimate image; and (c) may be revoked at any time.Utah Code § 13-72b-101(2), the generation serviceGeneration service"Generation service" means a person that operates, maintains, or provides an interactive computer service that: (a) enables users to generate intimate images; (b) processes user image generation requests through servers, computer systems, or computing resources controlled by the service operator rather than solely on the user's local device; and (c) distributes generated intimate images to users through the service.Utah Code § 13-72b-101(7) took prompt action to prevent further distribution. (2) A generation serviceGeneration service"Generation service" means a person that operates, maintains, or provides an interactive computer service that: (a) enables users to generate intimate images; (b) processes user image generation requests through servers, computer systems, or computing resources controlled by the service operator rather than solely on the user's local device; and (c) distributes generated intimate images to users through the service.Utah Code § 13-72b-101(7) qualifies for the safe harbor under Subsection (1) even if a non-consensual counterfeit intimate imageCounterfeit intimate image"Counterfeit intimate image" means a "digital forgery" as that term is defined in the Take It Down Act.Utah Code § 13-72b-101(3) was distributed through the service if the generation serviceGeneration service"Generation service" means a person that operates, maintains, or provides an interactive computer service that: (a) enables users to generate intimate images; (b) processes user image generation requests through servers, computer systems, or computing resources controlled by the service operator rather than solely on the user's local device; and (c) distributes generated intimate images to users through the service.Utah Code § 13-72b-101(7) demonstrates that: (a) the generation serviceGeneration service"Generation service" means a person that operates, maintains, or provides an interactive computer service that: (a) enables users to generate intimate images; (b) processes user image generation requests through servers, computer systems, or computing resources controlled by the service operator rather than solely on the user's local device; and (c) distributes generated intimate images to users through the service.Utah Code § 13-72b-101(7) had no actual knowledge that the image was created or distributed without consentConsent"Consent" means express permission, freely and voluntarily given by an identifiable individual, with full knowledge of the nature and purpose of the generation of an intimate image depicting the individual, where the consent: (a) is specific to the particular intimate image being generated; (b) is obtained before the generation of the intimate image; and (c) may be revoked at any time.Utah Code § 13-72b-101(2) before receiving notice; (b) the generation serviceGeneration service"Generation service" means a person that operates, maintains, or provides an interactive computer service that: (a) enables users to generate intimate images; (b) processes user image generation requests through servers, computer systems, or computing resources controlled by the service operator rather than solely on the user's local device; and (c) distributes generated intimate images to users through the service.Utah Code § 13-72b-101(7)'s consentConsent"Consent" means express permission, freely and voluntarily given by an identifiable individual, with full knowledge of the nature and purpose of the generation of an intimate image depicting the individual, where the consent: (a) is specific to the particular intimate image being generated; (b) is obtained before the generation of the intimate image; and (c) may be revoked at any time.Utah Code § 13-72b-101(2) system was operating as designed; (c) the generation serviceGeneration service"Generation service" means a person that operates, maintains, or provides an interactive computer service that: (a) enables users to generate intimate images; (b) processes user image generation requests through servers, computer systems, or computing resources controlled by the service operator rather than solely on the user's local device; and (c) distributes generated intimate images to users through the service.Utah Code § 13-72b-101(7) reasonably relied on information provided through the consentConsent"Consent" means express permission, freely and voluntarily given by an identifiable individual, with full knowledge of the nature and purpose of the generation of an intimate image depicting the individual, where the consent: (a) is specific to the particular intimate image being generated; (b) is obtained before the generation of the intimate image; and (c) may be revoked at any time.Utah Code § 13-72b-101(2) system; and (d) upon discovering the violation, the generation serviceGeneration service"Generation service" means a person that operates, maintains, or provides an interactive computer service that: (a) enables users to generate intimate images; (b) processes user image generation requests through servers, computer systems, or computing resources controlled by the service operator rather than solely on the user's local device; and (c) distributes generated intimate images to users through the service.Utah Code § 13-72b-101(7) took prompt action to prevent further distribution. (3) A generation serviceGeneration service"Generation service" means a person that operates, maintains, or provides an interactive computer service that: (a) enables users to generate intimate images; (b) processes user image generation requests through servers, computer systems, or computing resources controlled by the service operator rather than solely on the user's local device; and (c) distributes generated intimate images to users through the service.Utah Code § 13-72b-101(7) that has implemented and maintains a written policy and reasonable technical safeguards that categorically prevent the generation of intimate imagesIntimate image"Intimate image" means an "intimate visual depiction" as those terms are defined in the Take It Down Act.Utah Code § 13-72b-101(10) by the service is not required to comply with the consentConsent"Consent" means express permission, freely and voluntarily given by an identifiable individual, with full knowledge of the nature and purpose of the generation of an intimate image depicting the individual, where the consent: (a) is specific to the particular intimate image being generated; (b) is obtained before the generation of the intimate image; and (c) may be revoked at any time.Utah Code § 13-72b-101(2) requirements in Subsections (1)(b), (1)(c), (1)(e), (1)(f), (2)(b), and (2)(c) to qualify for safe harbor protection under this section. (4) In determining whether a generation serviceGeneration service"Generation service" means a person that operates, maintains, or provides an interactive computer service that: (a) enables users to generate intimate images; (b) processes user image generation requests through servers, computer systems, or computing resources controlled by the service operator rather than solely on the user's local device; and (c) distributes generated intimate images to users through the service.Utah Code § 13-72b-101(7) qualifies for safe harbor protection under this section, the court shall, among other relevant factors, consider whether the generation serviceGeneration service"Generation service" means a person that operates, maintains, or provides an interactive computer service that: (a) enables users to generate intimate images; (b) processes user image generation requests through servers, computer systems, or computing resources controlled by the service operator rather than solely on the user's local device; and (c) distributes generated intimate images to users through the service.Utah Code § 13-72b-101(7)'s safeguards and policies: (a) are consistent with widely accepted industry standards; (b) are regularly updated to address emerging technologies and methods for creating counterfeit intimate imagesCounterfeit intimate image"Counterfeit intimate image" means a "digital forgery" as that term is defined in the Take It Down Act.Utah Code § 13-72b-101(3); (c) include technical measures to detect and prevent the generation of counterfeit intimate imagesCounterfeit intimate image"Counterfeit intimate image" means a "digital forgery" as that term is defined in the Take It Down Act.Utah Code § 13-72b-101(3); and (d) include reasonable measures to ensure that usersUser"User" means a Utah resident who accesses, interacts with, or uses an interactive computer service, platform, generation service, generative artificial intelligence system, or capture device.Utah Code § 13-72c-101(16) are not attempting to circumvent the safeguards. (5) A generation serviceGeneration service"Generation service" means a person that operates, maintains, or provides an interactive computer service that: (a) enables users to generate intimate images; (b) processes user image generation requests through servers, computer systems, or computing resources controlled by the service operator rather than solely on the user's local device; and (c) distributes generated intimate images to users through the service.Utah Code § 13-72b-101(7) may assert the safe harbor protections under this section by motion before trial and is not required to proceed to trial to establish eligibility for the safe harbor.
This section provides a safe harbor from liability for generation services that demonstrate compliance with a set of enumerated conditions: maintaining a written policy prohibiting non-consensual NCII with reasonable safeguards, publishing that policy, maintaining a compliant consent system, and taking prompt action upon notice. A generation service that categorically prevents intimate image generation is exempt from several of the consent-system requirements. The court must consider whether safeguards are consistent with industry standards, regularly updated, and include technical anti-circumvention measures. The safe harbor may be asserted by pre-trial motion.
(1)–(6) In any action brought under Section 13-72b-202 against a generation serviceGeneration service"Generation service" means a person that operates, maintains, or provides an interactive computer service that: (a) enables users to generate intimate images; (b) processes user image generation requests through servers, computer systems, or computing resources controlled by the service operator rather than solely on the user's local device; and (c) distributes generated intimate images to users through the service.Utah Code § 13-72b-101(7), the complaint shall plead with particularity facts establishing that the generation serviceGeneration service"Generation service" means a person that operates, maintains, or provides an interactive computer service that: (a) enables users to generate intimate images; (b) processes user image generation requests through servers, computer systems, or computing resources controlled by the service operator rather than solely on the user's local device; and (c) distributes generated intimate images to users through the service.Utah Code § 13-72b-101(7) does not qualify for safe harbor protection under Section 13-72b-203. (2) To meet the pleading requirements of Subsection (1), the plaintiff shall include specific factual allegations, including dates, communications, and other evidence, demonstrating that the generation serviceGeneration service"Generation service" means a person that operates, maintains, or provides an interactive computer service that: (a) enables users to generate intimate images; (b) processes user image generation requests through servers, computer systems, or computing resources controlled by the service operator rather than solely on the user's local device; and (c) distributes generated intimate images to users through the service.Utah Code § 13-72b-101(7) does not qualify for safe harbor protection under Section 13-72b-203, including facts showing one or more of the following: (a) that the generation serviceGeneration service"Generation service" means a person that operates, maintains, or provides an interactive computer service that: (a) enables users to generate intimate images; (b) processes user image generation requests through servers, computer systems, or computing resources controlled by the service operator rather than solely on the user's local device; and (c) distributes generated intimate images to users through the service.Utah Code § 13-72b-101(7) holds itself out as providing services for creating counterfeit intimate imagesCounterfeit intimate image"Counterfeit intimate image" means a "digital forgery" as that term is defined in the Take It Down Act.Utah Code § 13-72b-101(3); (b) that the generation serviceGeneration service"Generation service" means a person that operates, maintains, or provides an interactive computer service that: (a) enables users to generate intimate images; (b) processes user image generation requests through servers, computer systems, or computing resources controlled by the service operator rather than solely on the user's local device; and (c) distributes generated intimate images to users through the service.Utah Code § 13-72b-101(7) failed to implement a written policy that: (i) prohibits the generation and distribution of non-consensual counterfeit intimate imagesCounterfeit intimate image"Counterfeit intimate image" means a "digital forgery" as that term is defined in the Take It Down Act.Utah Code § 13-72b-101(3); (ii) includes reasonable safeguards designed to prevent the creation of counterfeit intimate imagesCounterfeit intimate image"Counterfeit intimate image" means a "digital forgery" as that term is defined in the Take It Down Act.Utah Code § 13-72b-101(3); and (iii) includes procedures for responding to reports of violations; (c) that the generation serviceGeneration service"Generation service" means a person that operates, maintains, or provides an interactive computer service that: (a) enables users to generate intimate images; (b) processes user image generation requests through servers, computer systems, or computing resources controlled by the service operator rather than solely on the user's local device; and (c) distributes generated intimate images to users through the service.Utah Code § 13-72b-101(7) distributed a counterfeit intimate imageCounterfeit intimate image"Counterfeit intimate image" means a "digital forgery" as that term is defined in the Take It Down Act.Utah Code § 13-72b-101(3) depicting the plaintiff without requesting or obtaining the plaintiff's consentConsent"Consent" means express permission, freely and voluntarily given by an identifiable individual, with full knowledge of the nature and purpose of the generation of an intimate image depicting the individual, where the consent: (a) is specific to the particular intimate image being generated; (b) is obtained before the generation of the intimate image; and (c) may be revoked at any time.Utah Code § 13-72b-101(2); (d) that the generation serviceGeneration service"Generation service" means a person that operates, maintains, or provides an interactive computer service that: (a) enables users to generate intimate images; (b) processes user image generation requests through servers, computer systems, or computing resources controlled by the service operator rather than solely on the user's local device; and (c) distributes generated intimate images to users through the service.Utah Code § 13-72b-101(7) had actual knowledge that a counterfeit intimate imageCounterfeit intimate image"Counterfeit intimate image" means a "digital forgery" as that term is defined in the Take It Down Act.Utah Code § 13-72b-101(3) was created or distributed without consentConsent"Consent" means express permission, freely and voluntarily given by an identifiable individual, with full knowledge of the nature and purpose of the generation of an intimate image depicting the individual, where the consent: (a) is specific to the particular intimate image being generated; (b) is obtained before the generation of the intimate image; and (c) may be revoked at any time.Utah Code § 13-72b-101(2) and failed to take prompt action to prevent further distribution; or (e) that the generation serviceGeneration service"Generation service" means a person that operates, maintains, or provides an interactive computer service that: (a) enables users to generate intimate images; (b) processes user image generation requests through servers, computer systems, or computing resources controlled by the service operator rather than solely on the user's local device; and (c) distributes generated intimate images to users through the service.Utah Code § 13-72b-101(7) intentionally designed the service to facilitate the creation of non-consensual counterfeit intimate imagesCounterfeit intimate image"Counterfeit intimate image" means a "digital forgery" as that term is defined in the Take It Down Act.Utah Code § 13-72b-101(3). (3) General or conclusory allegations that a generation serviceGeneration service"Generation service" means a person that operates, maintains, or provides an interactive computer service that: (a) enables users to generate intimate images; (b) processes user image generation requests through servers, computer systems, or computing resources controlled by the service operator rather than solely on the user's local device; and (c) distributes generated intimate images to users through the service.Utah Code § 13-72b-101(7) violated this part are insufficient to state a claim. (4) If a complaint fails to meet the pleading requirements of this section, the court shall dismiss the action without prejudice. (5) A generation serviceGeneration service"Generation service" means a person that operates, maintains, or provides an interactive computer service that: (a) enables users to generate intimate images; (b) processes user image generation requests through servers, computer systems, or computing resources controlled by the service operator rather than solely on the user's local device; and (c) distributes generated intimate images to users through the service.Utah Code § 13-72b-101(7) may bring a motion to dismiss under this section before filing an answer or other responsive pleading. (6) If the court grants a motion to dismiss under this section and the plaintiff files an amended complaint that again fails to meet the pleading requirements of this section, the court shall: (a) dismiss the action with prejudice; and (b) award the generation serviceGeneration service"Generation service" means a person that operates, maintains, or provides an interactive computer service that: (a) enables users to generate intimate images; (b) processes user image generation requests through servers, computer systems, or computing resources controlled by the service operator rather than solely on the user's local device; and (c) distributes generated intimate images to users through the service.Utah Code § 13-72b-101(7) reasonable attorney fees and costs incurred in bringing the motion to dismiss the amended complaint.
This section imposes a heightened pleading standard on plaintiffs suing generation services, requiring particularized factual allegations — including dates, communications, and evidence — that negate safe harbor eligibility. General or conclusory allegations are insufficient. Failure to meet the standard results in dismissal without prejudice on first attempt and with prejudice (plus attorney fees to the defendant) on a second failed attempt.
(1)–(2) 3 A generation serviceGeneration service"Generation service" means a person that operates, maintains, or provides an interactive computer service that: (a) enables users to generate intimate images; (b) processes user image generation requests through servers, computer systems, or computing resources controlled by the service operator rather than solely on the user's local device; and (c) distributes generated intimate images to users through the service.Utah Code § 13-72b-101(7) shall take reasonable measures to inform usersUser"User" means a Utah resident who accesses, interacts with, or uses an interactive computer service, platform, generation service, generative artificial intelligence system, or capture device.Utah Code § 13-72c-101(16) that: (a) distribution of non-consensual counterfeit intimate imagesCounterfeit intimate image"Counterfeit intimate image" means a "digital forgery" as that term is defined in the Take It Down Act.Utah Code § 13-72b-101(3) is prohibited; (b) violations of this part may result in civil liability; and (c) the service provides procedures for reporting violations. (2) A generation serviceGeneration service"Generation service" means a person that operates, maintains, or provides an interactive computer service that: (a) enables users to generate intimate images; (b) processes user image generation requests through servers, computer systems, or computing resources controlled by the service operator rather than solely on the user's local device; and (c) distributes generated intimate images to users through the service.Utah Code § 13-72b-101(7) shall clearly and conspicuously provide to usersUser"User" means a Utah resident who accesses, interacts with, or uses an interactive computer service, platform, generation service, generative artificial intelligence system, or capture device.Utah Code § 13-72c-101(16) procedures for reporting violations to the generation serviceGeneration service"Generation service" means a person that operates, maintains, or provides an interactive computer service that: (a) enables users to generate intimate images; (b) processes user image generation requests through servers, computer systems, or computing resources controlled by the service operator rather than solely on the user's local device; and (c) distributes generated intimate images to users through the service.Utah Code § 13-72b-101(7).
(3) 4 A generation serviceGeneration service"Generation service" means a person that operates, maintains, or provides an interactive computer service that: (a) enables users to generate intimate images; (b) processes user image generation requests through servers, computer systems, or computing resources controlled by the service operator rather than solely on the user's local device; and (c) distributes generated intimate images to users through the service.Utah Code § 13-72b-101(7) shall publish in a clear and conspicuous location on the generation serviceGeneration service"Generation service" means a person that operates, maintains, or provides an interactive computer service that: (a) enables users to generate intimate images; (b) processes user image generation requests through servers, computer systems, or computing resources controlled by the service operator rather than solely on the user's local device; and (c) distributes generated intimate images to users through the service.Utah Code § 13-72b-101(7)'s website or primary userUser"User" means a Utah resident who accesses, interacts with, or uses an interactive computer service, platform, generation service, generative artificial intelligence system, or capture device.Utah Code § 13-72c-101(16) interface: (a) the written policy required by Subsection 13-72b-203(1)(b); and (b) a general description of the safeguards implemented to prevent the generation of non-consensual counterfeit intimate imagesCounterfeit intimate image"Counterfeit intimate image" means a "digital forgery" as that term is defined in the Take It Down Act.Utah Code § 13-72b-101(3), which may describe technical measures in general terms without disclosing proprietary implementation details that could be exploited to circumvent the safeguards.
This section imposes three transparency obligations on generation services: informing users that non-consensual NCII distribution is prohibited and may result in civil liability, providing clear violation-reporting procedures, and publicly publishing the written anti-NCII policy required by the safe harbor provision along with a general description of the service's technical safeguards.
(1)–(2) 5 A covered platformCovered platform"Covered platform" means the same as that term is defined in Section 3 of the Take It Down Act, Public Law 119-12, 139 Stat. 59, codified at 47 U.S.C. 230 note.Utah Code § 13-72b-101(4) may not knowingly allow the distribution of a counterfeit intimate imageCounterfeit intimate image"Counterfeit intimate image" means a "digital forgery" as that term is defined in the Take It Down Act.Utah Code § 13-72b-101(3) without consentConsent"Consent" means express permission, freely and voluntarily given by an identifiable individual, with full knowledge of the nature and purpose of the generation of an intimate image depicting the individual, where the consent: (a) is specific to the particular intimate image being generated; (b) is obtained before the generation of the intimate image; and (c) may be revoked at any time.Utah Code § 13-72b-101(2) from the identifiable individualIdentifiable individual"Identifiable individual" means an individual who is recognizable as an actual human individual by the human individual's face, likeness, or other distinguishing characteristic, including a unique physical feature or other recognizable attribute.Utah Code § 13-72b-101(8) depicted in the counterfeit intimate imageCounterfeit intimate image"Counterfeit intimate image" means a "digital forgery" as that term is defined in the Take It Down Act.Utah Code § 13-72b-101(3). (2) A covered platformCovered platform"Covered platform" means the same as that term is defined in Section 3 of the Take It Down Act, Public Law 119-12, 139 Stat. 59, codified at 47 U.S.C. 230 note.Utah Code § 13-72b-101(4) knowingly allows the distribution of a counterfeit intimate imageCounterfeit intimate image"Counterfeit intimate image" means a "digital forgery" as that term is defined in the Take It Down Act.Utah Code § 13-72b-101(3) without consentConsent"Consent" means express permission, freely and voluntarily given by an identifiable individual, with full knowledge of the nature and purpose of the generation of an intimate image depicting the individual, where the consent: (a) is specific to the particular intimate image being generated; (b) is obtained before the generation of the intimate image; and (c) may be revoked at any time.Utah Code § 13-72b-101(2) if the covered platformCovered platform"Covered platform" means the same as that term is defined in Section 3 of the Take It Down Act, Public Law 119-12, 139 Stat. 59, codified at 47 U.S.C. 230 note.Utah Code § 13-72b-101(4): (a) receives notice under Section 13-72b-302 that a counterfeit intimate imageCounterfeit intimate image"Counterfeit intimate image" means a "digital forgery" as that term is defined in the Take It Down Act.Utah Code § 13-72b-101(3) has been distributed without consentConsent"Consent" means express permission, freely and voluntarily given by an identifiable individual, with full knowledge of the nature and purpose of the generation of an intimate image depicting the individual, where the consent: (a) is specific to the particular intimate image being generated; (b) is obtained before the generation of the intimate image; and (c) may be revoked at any time.Utah Code § 13-72b-101(2); and (b) fails to comply with the takedown requirements in Section 13-72b-302.
This section prohibits covered platforms from knowingly allowing distribution of counterfeit intimate images without consent. Knowledge is constructively established when the platform receives proper notice under § 13-72b-302 and fails to comply with takedown requirements. This is a notice-and-takedown liability model — the platform is not liable absent notice or actual knowledge.
(1)–(3) 6 A covered platformCovered platform"Covered platform" means the same as that term is defined in Section 3 of the Take It Down Act, Public Law 119-12, 139 Stat. 59, codified at 47 U.S.C. 230 note.Utah Code § 13-72b-101(4) shall establish and implement notice and removal procedures that comply with the requirements established in Section 3(a) of the Take It Down Act. (2) The requirements described in Subsection (1) include: (a) establishing a mechanism for an individual depicted in a counterfeit intimate imageCounterfeit intimate image"Counterfeit intimate image" means a "digital forgery" as that term is defined in the Take It Down Act.Utah Code § 13-72b-101(3) to notify the covered platformCovered platform"Covered platform" means the same as that term is defined in Section 3 of the Take It Down Act, Public Law 119-12, 139 Stat. 59, codified at 47 U.S.C. 230 note.Utah Code § 13-72b-101(4) that the image has been published on the covered platformCovered platform"Covered platform" means the same as that term is defined in Section 3 of the Take It Down Act, Public Law 119-12, 139 Stat. 59, codified at 47 U.S.C. 230 note.Utah Code § 13-72b-101(4) without the individual's consentConsent"Consent" means express permission, freely and voluntarily given by an identifiable individual, with full knowledge of the nature and purpose of the generation of an intimate image depicting the individual, where the consent: (a) is specific to the particular intimate image being generated; (b) is obtained before the generation of the intimate image; and (c) may be revoked at any time.Utah Code § 13-72b-101(2); (b) providing clear and conspicuous notice of the mechanism described in Subsection (2)(a); (c) upon receiving notice that meets the requirements established in the Take It Down Act, removing the reported counterfeit intimate imageCounterfeit intimate image"Counterfeit intimate image" means a "digital forgery" as that term is defined in the Take It Down Act.Utah Code § 13-72b-101(3) within 48 hours after receiving the notice; and (d) making reasonable efforts to identify and remove any identical copy of the counterfeit intimate imageCounterfeit intimate image"Counterfeit intimate image" means a "digital forgery" as that term is defined in the Take It Down Act.Utah Code § 13-72b-101(3). (3) A covered platformCovered platform"Covered platform" means the same as that term is defined in Section 3 of the Take It Down Act, Public Law 119-12, 139 Stat. 59, codified at 47 U.S.C. 230 note.Utah Code § 13-72b-101(4) that complies in good faith with the notice and takedown procedures required by this section is not liable under this chapter for actions taken in accordance with this section before receiving notice.
This section requires covered platforms to implement notice-and-removal procedures compliant with the federal Take It Down Act, including providing a reporting mechanism, giving clear notice of the mechanism, removing reported images within 48 hours, and making reasonable efforts to identify and remove identical copies. Good-faith compliance shields the platform from liability for pre-notice activity.
(1)–(6) A person, or the heirs of a deceased person, who has been injured by a violation of Section 13-72b-301 may bring a civil action against the covered platformCovered platform"Covered platform" means the same as that term is defined in Section 3 of the Take It Down Act, Public Law 119-12, 139 Stat. 59, codified at 47 U.S.C. 230 note.Utah Code § 13-72b-101(4) that committed the violation. (2) If in an action described in Subsection (1) the court finds the defendant is violating or has violated any provision of Section 13-72b-301, the court shall: (a) enjoin the defendant from continued violation; and (b) order the defendant to remove or destroy any counterfeit intimate imageCounterfeit intimate image"Counterfeit intimate image" means a "digital forgery" as that term is defined in the Take It Down Act.Utah Code § 13-72b-101(3) distributed in violation of Section 13-72b-301 and all copies of the counterfeit intimate imageCounterfeit intimate image"Counterfeit intimate image" means a "digital forgery" as that term is defined in the Take It Down Act.Utah Code § 13-72b-101(3) within the defendant's possession or control. (3) It is not necessary that actual damages to the plaintiff be alleged or proved in an action under this section. (4) A plaintiff in an action under this section is entitled to recover: (a) actual damages sustained, if any, including damages for emotional distress; (b) punitive damages, if the violation is found to be willful, reckless, or malicious; and (c) reasonable attorney fees and costs. (5) Each failure to comply with the notice and takedown requirements established in Section 13-72b-302 after receiving notice of a counterfeit intimate imageCounterfeit intimate image"Counterfeit intimate image" means a "digital forgery" as that term is defined in the Take It Down Act.Utah Code § 13-72b-101(3) constitutes a separate violation of this chapter. (6) The statute of limitations for a civil action under this section is the later of: (a) three years from the date the plaintiff discovered or reasonably should have discovered the violation; or (b) 10 years from the date of the violation.
This section creates the private right of action against covered platforms that violate § 13-72b-301. The remedies mirror those for generation services: actual damages including emotional distress (no proof of actual damages required), punitive damages for willful/reckless/malicious violations, attorney fees, injunctive relief, and image removal/destruction. Each failure to comply with takedown requirements after notice constitutes a separate violation. The same 3-year discovery / 10-year absolute statute of limitations applies.
(1)–(5) A covered platformCovered platform"Covered platform" means the same as that term is defined in Section 3 of the Take It Down Act, Public Law 119-12, 139 Stat. 59, codified at 47 U.S.C. 230 note.Utah Code § 13-72b-101(4) is not liable under Section 13-72b-303 if the covered platformCovered platform"Covered platform" means the same as that term is defined in Section 3 of the Take It Down Act, Public Law 119-12, 139 Stat. 59, codified at 47 U.S.C. 230 note.Utah Code § 13-72b-101(4) demonstrates that: (a) the covered platformCovered platform"Covered platform" means the same as that term is defined in Section 3 of the Take It Down Act, Public Law 119-12, 139 Stat. 59, codified at 47 U.S.C. 230 note.Utah Code § 13-72b-101(4) implemented and maintained notice and removal procedures that comply with Section 13-72b-302; and (b) the covered platformCovered platform"Covered platform" means the same as that term is defined in Section 3 of the Take It Down Act, Public Law 119-12, 139 Stat. 59, codified at 47 U.S.C. 230 note.Utah Code § 13-72b-101(4) acted in good faith in responding to notices of non-consensual counterfeit intimate imagesCounterfeit intimate image"Counterfeit intimate image" means a "digital forgery" as that term is defined in the Take It Down Act.Utah Code § 13-72b-101(3). (2) A covered platformCovered platform"Covered platform" means the same as that term is defined in Section 3 of the Take It Down Act, Public Law 119-12, 139 Stat. 59, codified at 47 U.S.C. 230 note.Utah Code § 13-72b-101(4) qualifies for safe harbor protection under this section even if a non-consensual counterfeit intimate imageCounterfeit intimate image"Counterfeit intimate image" means a "digital forgery" as that term is defined in the Take It Down Act.Utah Code § 13-72b-101(3) appeared on the platform if the covered platformCovered platform"Covered platform" means the same as that term is defined in Section 3 of the Take It Down Act, Public Law 119-12, 139 Stat. 59, codified at 47 U.S.C. 230 note.Utah Code § 13-72b-101(4) demonstrates that: (a) the covered platformCovered platform"Covered platform" means the same as that term is defined in Section 3 of the Take It Down Act, Public Law 119-12, 139 Stat. 59, codified at 47 U.S.C. 230 note.Utah Code § 13-72b-101(4) had no actual knowledge of the image before receiving notice under Section 13-72b-302; and (b) upon receiving notice, the covered platformCovered platform"Covered platform" means the same as that term is defined in Section 3 of the Take It Down Act, Public Law 119-12, 139 Stat. 59, codified at 47 U.S.C. 230 note.Utah Code § 13-72b-101(4) complied with the takedown requirements in Section 13-72b-302. (3) In determining whether a covered platformCovered platform"Covered platform" means the same as that term is defined in Section 3 of the Take It Down Act, Public Law 119-12, 139 Stat. 59, codified at 47 U.S.C. 230 note.Utah Code § 13-72b-101(4) acted in good faith in responding to a notice of a non-consensual counterfeit intimate imageCounterfeit intimate image"Counterfeit intimate image" means a "digital forgery" as that term is defined in the Take It Down Act.Utah Code § 13-72b-101(3), the court shall consider: (a) the size and resources of the covered platformCovered platform"Covered platform" means the same as that term is defined in Section 3 of the Take It Down Act, Public Law 119-12, 139 Stat. 59, codified at 47 U.S.C. 230 note.Utah Code § 13-72b-101(4); (b) the volume of content distributed on the platform; (c) the effectiveness of the platform's proactive measures; and (d) whether the platform's measures are consistent with widely accepted industry standards. (4) A covered platformCovered platform"Covered platform" means the same as that term is defined in Section 3 of the Take It Down Act, Public Law 119-12, 139 Stat. 59, codified at 47 U.S.C. 230 note.Utah Code § 13-72b-101(4) may establish the safe harbor protections under this section by motion to dismiss or motion for summary judgment. (5) If a court determines that a covered platformCovered platform"Covered platform" means the same as that term is defined in Section 3 of the Take It Down Act, Public Law 119-12, 139 Stat. 59, codified at 47 U.S.C. 230 note.Utah Code § 13-72b-101(4) has established safe harbor protection under this section on a motion to dismiss or motion for summary judgment, the court shall: (a) dismiss the action or grant summary judgment in favor of the covered platformCovered platform"Covered platform" means the same as that term is defined in Section 3 of the Take It Down Act, Public Law 119-12, 139 Stat. 59, codified at 47 U.S.C. 230 note.Utah Code § 13-72b-101(4); and (b) award the covered platformCovered platform"Covered platform" means the same as that term is defined in Section 3 of the Take It Down Act, Public Law 119-12, 139 Stat. 59, codified at 47 U.S.C. 230 note.Utah Code § 13-72b-101(4) reasonable attorney fees and costs.
This section provides safe harbor from liability for covered platforms that implement and maintain compliant notice-and-removal procedures and act in good faith in responding to notices. The safe harbor applies even if NCII appeared on the platform, provided the platform had no actual knowledge before notice and complied with takedown requirements upon notice. Courts must consider platform size, content volume, proactive measures, and industry-standard consistency. The safe harbor may be raised by motion to dismiss or summary judgment, and successful assertion entitles the platform to attorney fees.
(1)–(6) In any action brought under Section 13-72b-303 against a covered platformCovered platform"Covered platform" means the same as that term is defined in Section 3 of the Take It Down Act, Public Law 119-12, 139 Stat. 59, codified at 47 U.S.C. 230 note.Utah Code § 13-72b-101(4), the complaint shall plead with particularity facts establishing that the covered platformCovered platform"Covered platform" means the same as that term is defined in Section 3 of the Take It Down Act, Public Law 119-12, 139 Stat. 59, codified at 47 U.S.C. 230 note.Utah Code § 13-72b-101(4) does not qualify for safe harbor protection under Section 13-72b-304. (2) To meet the pleading requirements of Subsection (1), the plaintiff shall include specific factual allegations demonstrating that the covered platformCovered platform"Covered platform" means the same as that term is defined in Section 3 of the Take It Down Act, Public Law 119-12, 139 Stat. 59, codified at 47 U.S.C. 230 note.Utah Code § 13-72b-101(4) does not qualify for safe harbor protection under Section 13-72b-304, including facts showing one or more of the following: (a) that the covered platformCovered platform"Covered platform" means the same as that term is defined in Section 3 of the Take It Down Act, Public Law 119-12, 139 Stat. 59, codified at 47 U.S.C. 230 note.Utah Code § 13-72b-101(4) failed to implement notice and removal procedures that comply with Section 13-72b-302; (b) that the covered platformCovered platform"Covered platform" means the same as that term is defined in Section 3 of the Take It Down Act, Public Law 119-12, 139 Stat. 59, codified at 47 U.S.C. 230 note.Utah Code § 13-72b-101(4) failed to act in good faith in responding to notices of non-consensual counterfeit intimate imagesCounterfeit intimate image"Counterfeit intimate image" means a "digital forgery" as that term is defined in the Take It Down Act.Utah Code § 13-72b-101(3); (c) if the plaintiff provided notice under Section 13-72b-302: (i) the specific date and method by which notice was provided; (ii) the content of the notice provided; (iii) the covered platformCovered platform"Covered platform" means the same as that term is defined in Section 3 of the Take It Down Act, Public Law 119-12, 139 Stat. 59, codified at 47 U.S.C. 230 note.Utah Code § 13-72b-101(4)'s response or failure to respond; and (iv) facts establishing that the covered platformCovered platform"Covered platform" means the same as that term is defined in Section 3 of the Take It Down Act, Public Law 119-12, 139 Stat. 59, codified at 47 U.S.C. 230 note.Utah Code § 13-72b-101(4) failed to comply with the takedown requirements in Section 13-72b-302; or (d) if the plaintiff did not provide notice under Section 13-72b-302: (i) facts establishing that the covered platformCovered platform"Covered platform" means the same as that term is defined in Section 3 of the Take It Down Act, Public Law 119-12, 139 Stat. 59, codified at 47 U.S.C. 230 note.Utah Code § 13-72b-101(4) had actual knowledge of the non-consensual counterfeit intimate imageCounterfeit intimate image"Counterfeit intimate image" means a "digital forgery" as that term is defined in the Take It Down Act.Utah Code § 13-72b-101(3) before the plaintiff provided notice; and (ii) facts establishing that the covered platformCovered platform"Covered platform" means the same as that term is defined in Section 3 of the Take It Down Act, Public Law 119-12, 139 Stat. 59, codified at 47 U.S.C. 230 note.Utah Code § 13-72b-101(4) failed to take reasonable steps to remove the image within 48 hours after obtaining actual knowledge. (3) General or conclusory allegations that a covered platformCovered platform"Covered platform" means the same as that term is defined in Section 3 of the Take It Down Act, Public Law 119-12, 139 Stat. 59, codified at 47 U.S.C. 230 note.Utah Code § 13-72b-101(4) violated this part are insufficient to state a claim. (4) If a complaint fails to meet the pleading requirements of this section, the court shall dismiss the action without prejudice. (5) A covered platformCovered platform"Covered platform" means the same as that term is defined in Section 3 of the Take It Down Act, Public Law 119-12, 139 Stat. 59, codified at 47 U.S.C. 230 note.Utah Code § 13-72b-101(4) may bring a motion to dismiss under this section before filing an answer or other responsive pleading. (6) If the court grants a motion to dismiss under this section and the plaintiff files an amended complaint that again fails to meet the pleading requirements of this section, the court shall: (a) dismiss the action with prejudice; and (b) award the covered platformCovered platform"Covered platform" means the same as that term is defined in Section 3 of the Take It Down Act, Public Law 119-12, 139 Stat. 59, codified at 47 U.S.C. 230 note.Utah Code § 13-72b-101(4) reasonable attorney fees and costs incurred in bringing the motion to dismiss the amended complaint.
This section mirrors the heightened pleading standard for generation services, requiring plaintiffs suing covered platforms to plead with particularity facts negating safe harbor eligibility — including, where applicable, specific dates and content of notices, the platform's response or failure to respond, or facts establishing actual knowledge without notice. The same dismissal-with-prejudice and fee-shifting consequences apply on second failure.
(1)–(2) This part does not expand or modify the notice and takedown requirements established in the Take It Down Act. (2) This part does not alter, modify, or limit Section 230 of the Communications Decency Act, 47 U.S.C. Sec. 230, and may not be construed to impose liability on a covered platformCovered platform"Covered platform" means the same as that term is defined in Section 3 of the Take It Down Act, Public Law 119-12, 139 Stat. 59, codified at 47 U.S.C. 230 note.Utah Code § 13-72b-101(4) for acting as the publisher or speaker of information provided by another information content provider.
This savings clause expressly preserves both the federal Take It Down Act and Section 230 of the Communications Decency Act. The covered-platform provisions may not be construed to expand Take It Down Act requirements or to impose publisher or speaker liability on platforms for user-provided content.
(1)–(2) If any provision of this chapter or the application of any provision to any person or circumstance is held invalid by a final decision of a court of competent jurisdiction, the remainder of this chapter shall be given effect without the invalid provision or application. (2) The provisions of this chapter are severable.
Standard severability clause providing that if any provision or application of the chapter is held invalid, the remainder continues in effect.
As used in this chapter: (1) "Artificial intelligenceArtificial intelligence"Artificial intelligence" means a machine-based system that makes predictions, recommendations, or decisions influencing real or virtual environments.Utah Code § 13-72c-101(1)" means a machine-based system that makes predictions, recommendations, or decisions influencing real or virtual environments. (2) "Capture deviceCapture device"Capture device" means a device that can record photographs, audio, or video content, including a video camera, a still photography camera, a mobile phone with a built-in camera or microphone, or a voice recorder.Utah Code § 13-72c-101(2)" means a device that can record photographs, audio, or video content, including a video camera, a still photography camera, a mobile phone with a built-in camera or microphone, or a voice recorder. (3)(a) "Capture device manufacturerCapture device manufacturer"Capture device manufacturer" means a person who produces a capture device for sale in the state. "Capture device manufacturer" does not include a person exclusively engaged in the assembly of a capture device.Utah Code § 13-72c-101(3)" means a person who produces a capture deviceCapture device"Capture device" means a device that can record photographs, audio, or video content, including a video camera, a still photography camera, a mobile phone with a built-in camera or microphone, or a voice recorder.Utah Code § 13-72c-101(2) for sale in the state. (b) "Capture device manufacturerCapture device manufacturer"Capture device manufacturer" means a person who produces a capture device for sale in the state. "Capture device manufacturer" does not include a person exclusively engaged in the assembly of a capture device.Utah Code § 13-72c-101(3)" does not include a person exclusively engaged in the assembly of a capture deviceCapture device"Capture device" means a device that can record photographs, audio, or video content, including a video camera, a still photography camera, a mobile phone with a built-in camera or microphone, or a voice recorder.Utah Code § 13-72c-101(2). (4) "Compliant system provenance dataCompliant system provenance data"Compliant system provenance data" means system provenance data that is compliant with widely adopted specifications of an established standards-setting body.Utah Code § 13-72c-101(4)" means system provenance dataSystem provenance data"System provenance data" means provenance data that is not reasonably capable of being associated with a particular user and that contains: (a) information regarding the type of device, system, or service that was used to generate a piece of digital content; or (b) information related to content authenticity.Utah Code § 13-72c-101(15) that is compliant with widely adopted specifications of an established standards-setting body. (5)(a) "Covered providerCovered provider"Covered provider" means a person that creates, codes, or otherwise produces a generative artificial intelligence system that: (i) has over 1,000,000 monthly visitors or users; and (ii) is publicly accessible within the geographic boundaries of the state. "Covered provider" does not include a person that creates, codes, or otherwise produces a generative artificial intelligence system that is used exclusively for the person's internal business operations and is not made publicly accessible.Utah Code § 13-72c-101(5)" means a person that creates, codes, or otherwise produces a generative artificial intelligence systemGenerative artificial intelligence system"Generative artificial intelligence system" means an artificial intelligence system that can generate derived synthetic content, including text, images, video, or audio, that emulates the structure and characteristics of the system's training data.Utah Code § 13-72c-101(7) that: (i) has over 1,000,000 monthly visitors or usersUser"User" means a Utah resident who accesses, interacts with, or uses an interactive computer service, platform, generation service, generative artificial intelligence system, or capture device.Utah Code § 13-72c-101(16); and (ii) is publicly accessible within the geographic boundaries of the state. (b) "Covered providerCovered provider"Covered provider" means a person that creates, codes, or otherwise produces a generative artificial intelligence system that: (i) has over 1,000,000 monthly visitors or users; and (ii) is publicly accessible within the geographic boundaries of the state. "Covered provider" does not include a person that creates, codes, or otherwise produces a generative artificial intelligence system that is used exclusively for the person's internal business operations and is not made publicly accessible.Utah Code § 13-72c-101(5)" does not include a person that creates, codes, or otherwise produces a generative artificial intelligence systemGenerative artificial intelligence system"Generative artificial intelligence system" means an artificial intelligence system that can generate derived synthetic content, including text, images, video, or audio, that emulates the structure and characteristics of the system's training data.Utah Code § 13-72c-101(7) that is used exclusively for the person's internal business operations and is not made publicly accessible. (6) "Digital signatureDigital signature"Digital signature" means a cryptography-based method that identifies the user or entity that attests to the information provided in the signed section.Utah Code § 13-72c-101(6)" means a cryptography-based method that identifies the userUser"User" means a Utah resident who accesses, interacts with, or uses an interactive computer service, platform, generation service, generative artificial intelligence system, or capture device.Utah Code § 13-72c-101(16) or entity that attests to the information provided in the signed section. (7) "Generative artificial intelligence systemGenerative artificial intelligence system"Generative artificial intelligence system" means an artificial intelligence system that can generate derived synthetic content, including text, images, video, or audio, that emulates the structure and characteristics of the system's training data.Utah Code § 13-72c-101(7)" means an artificial intelligenceArtificial intelligence"Artificial intelligence" means a machine-based system that makes predictions, recommendations, or decisions influencing real or virtual environments.Utah Code § 13-72c-101(1) system that can generateGenerate"Generate" means to create, produce, compose, materially edit, or facilitate the creation of an intimate image through the use of artificial intelligence technology.Utah Code § 13-72b-101(6) derived synthetic content, including text, images, video, or audio, that emulates the structure and characteristics of the system's training data. (8)(a) "Large online platformLarge online platform"Large online platform" means a public-facing social media platform, mass messaging platform, or stand-alone search engine that distributes content to users who did not create or collaborate in creating the content and that exceeded 2,000,000 unique monthly users during the preceding 12 months. "Large online platform" does not include: (i) a broadband internet access service, as defined in 47 C.F.R. Sec. 8.1(b); or (ii) a telecommunications service, as defined in 47 U.S.C. Sec. 153.Utah Code § 13-72c-101(8)" means a public-facing social media platform, mass messaging platform, or stand-alone search engine that distributesDistribute"Distribute" means to sell, exhibit, display, publish, provide, give, provide access to, or otherwise transfer a counterfeit intimate image, with or without consideration. "Distribute" includes the generation of a counterfeit intimate image by a generation service and the subsequent provision of that counterfeit intimate image to the user.Utah Code § 13-72b-101(5) content to usersUser"User" means a Utah resident who accesses, interacts with, or uses an interactive computer service, platform, generation service, generative artificial intelligence system, or capture device.Utah Code § 13-72c-101(16) who did not create or collaborate in creating the content and that exceeded 2,000,000 unique monthly usersUser"User" means a Utah resident who accesses, interacts with, or uses an interactive computer service, platform, generation service, generative artificial intelligence system, or capture device.Utah Code § 13-72c-101(16) during the preceding 12 months. (b) "Large online platformLarge online platform"Large online platform" means a public-facing social media platform, mass messaging platform, or stand-alone search engine that distributes content to users who did not create or collaborate in creating the content and that exceeded 2,000,000 unique monthly users during the preceding 12 months. "Large online platform" does not include: (i) a broadband internet access service, as defined in 47 C.F.R. Sec. 8.1(b); or (ii) a telecommunications service, as defined in 47 U.S.C. Sec. 153.Utah Code § 13-72c-101(8)" does not include: (i) a broadband internet access service, as defined in 47 C.F.R. Sec. 8.1(b); or (ii) a telecommunications service, as defined in 47 U.S.C. Sec. 153. (9) "Latent" means present but not manifest. (10) "Manifest" means easily perceived, understood, or recognized by a natural person. (11) "Mass messaging platform" means a direct messaging platform that allows usersUser"User" means a Utah resident who accesses, interacts with, or uses an interactive computer service, platform, generation service, generative artificial intelligence system, or capture device.Utah Code § 13-72c-101(16) to distributeDistribute"Distribute" means to sell, exhibit, display, publish, provide, give, provide access to, or otherwise transfer a counterfeit intimate image, with or without consideration. "Distribute" includes the generation of a counterfeit intimate image by a generation service and the subsequent provision of that counterfeit intimate image to the user.Utah Code § 13-72b-101(5) content to more than 100 usersUser"User" means a Utah resident who accesses, interacts with, or uses an interactive computer service, platform, generation service, generative artificial intelligence system, or capture device.Utah Code § 13-72c-101(16) simultaneously. (12) "Metadata" means structural or descriptive information about data. (13) "Personal information" means the same as that term is defined in Section 13-61-101. (14) "Provenance dataProvenance data"Provenance data" means data that is embedded into digital content, or that is included in the digital content's metadata, for the purpose of verifying the digital content's authenticity, origin, or history of modification.Utah Code § 13-72c-101(14)" means data that is embedded into digital content, or that is included in the digital content's metadata, for the purpose of verifying the digital content's authenticity, origin, or history of modification. (15) "System provenance dataSystem provenance data"System provenance data" means provenance data that is not reasonably capable of being associated with a particular user and that contains: (a) information regarding the type of device, system, or service that was used to generate a piece of digital content; or (b) information related to content authenticity.Utah Code § 13-72c-101(15)" means provenance dataProvenance data"Provenance data" means data that is embedded into digital content, or that is included in the digital content's metadata, for the purpose of verifying the digital content's authenticity, origin, or history of modification.Utah Code § 13-72c-101(14) that is not reasonably capable of being associated with a particular userUser"User" means a Utah resident who accesses, interacts with, or uses an interactive computer service, platform, generation service, generative artificial intelligence system, or capture device.Utah Code § 13-72c-101(16) and that contains: (a) information regarding the type of device, system, or service that was used to generateGenerate"Generate" means to create, produce, compose, materially edit, or facilitate the creation of an intimate image through the use of artificial intelligence technology.Utah Code § 13-72b-101(6) a piece of digital content; or (b) information related to content authenticity. (16) "UserUser"User" means a Utah resident who accesses, interacts with, or uses an interactive computer service, platform, generation service, generative artificial intelligence system, or capture device.Utah Code § 13-72c-101(16)" means a Utah resident who accesses, interacts with, or uses an interactive computer service, platform, generation serviceGeneration service"Generation service" means a person that operates, maintains, or provides an interactive computer service that: (a) enables users to generate intimate images; (b) processes user image generation requests through servers, computer systems, or computing resources controlled by the service operator rather than solely on the user's local device; and (c) distributes generated intimate images to users through the service.Utah Code § 13-72b-101(7), generative artificial intelligence systemGenerative artificial intelligence system"Generative artificial intelligence system" means an artificial intelligence system that can generate derived synthetic content, including text, images, video, or audio, that emulates the structure and characteristics of the system's training data.Utah Code § 13-72c-101(7), or capture deviceCapture device"Capture device" means a device that can record photographs, audio, or video content, including a video camera, a still photography camera, a mobile phone with a built-in camera or microphone, or a voice recorder.Utah Code § 13-72c-101(2). (17) "UserUser"User" means a Utah resident who accesses, interacts with, or uses an interactive computer service, platform, generation service, generative artificial intelligence system, or capture device.Utah Code § 13-72c-101(16) interface" means the method by which an individual interacts with, controls, or receives information from a computer, software application, website, or electronic device.
This section defines the terms used in the Digital Content Provenance Standards Act. Key covered entities include large online platform (social media, mass messaging, or search with over 2 million monthly users), capture device manufacturer, and covered provider (developer of a generative AI system with over 1 million monthly users that is publicly accessible in Utah). The section also defines provenance data, system provenance data, compliant system provenance data, and digital signature — the technical building blocks of the provenance obligations that follow.
(1) 7 A large online platformLarge online platform"Large online platform" means a public-facing social media platform, mass messaging platform, or stand-alone search engine that distributes content to users who did not create or collaborate in creating the content and that exceeded 2,000,000 unique monthly users during the preceding 12 months. "Large online platform" does not include: (i) a broadband internet access service, as defined in 47 C.F.R. Sec. 8.1(b); or (ii) a telecommunications service, as defined in 47 U.S.C. Sec. 153.Utah Code § 13-72c-101(8) shall: (a) detect whether compliant system provenance dataCompliant system provenance data"Compliant system provenance data" means system provenance data that is compliant with widely adopted specifications of an established standards-setting body.Utah Code § 13-72c-101(4) is embedded into or attached to content distributed on the large online platformLarge online platform"Large online platform" means a public-facing social media platform, mass messaging platform, or stand-alone search engine that distributes content to users who did not create or collaborate in creating the content and that exceeded 2,000,000 unique monthly users during the preceding 12 months. "Large online platform" does not include: (i) a broadband internet access service, as defined in 47 C.F.R. Sec. 8.1(b); or (ii) a telecommunications service, as defined in 47 U.S.C. Sec. 153.Utah Code § 13-72c-101(8); (b) provide a userUser"User" means a Utah resident who accesses, interacts with, or uses an interactive computer service, platform, generation service, generative artificial intelligence system, or capture device.Utah Code § 13-72c-101(16) interface to disclose the availability of system provenance dataSystem provenance data"System provenance data" means provenance data that is not reasonably capable of being associated with a particular user and that contains: (a) information regarding the type of device, system, or service that was used to generate a piece of digital content; or (b) information related to content authenticity.Utah Code § 13-72c-101(15); and (c) allow a userUser"User" means a Utah resident who accesses, interacts with, or uses an interactive computer service, platform, generation service, generative artificial intelligence system, or capture device.Utah Code § 13-72c-101(16) to inspect all available compliant system provenance dataCompliant system provenance data"Compliant system provenance data" means system provenance data that is compliant with widely adopted specifications of an established standards-setting body.Utah Code § 13-72c-101(4) in an easily accessible manner: (i) directly through the large online platformLarge online platform"Large online platform" means a public-facing social media platform, mass messaging platform, or stand-alone search engine that distributes content to users who did not create or collaborate in creating the content and that exceeded 2,000,000 unique monthly users during the preceding 12 months. "Large online platform" does not include: (i) a broadband internet access service, as defined in 47 C.F.R. Sec. 8.1(b); or (ii) a telecommunications service, as defined in 47 U.S.C. Sec. 153.Utah Code § 13-72c-101(8)'s userUser"User" means a Utah resident who accesses, interacts with, or uses an interactive computer service, platform, generation service, generative artificial intelligence system, or capture device.Utah Code § 13-72c-101(16) interface described in Subsection (1)(b); (ii) by allowing the userUser"User" means a Utah resident who accesses, interacts with, or uses an interactive computer service, platform, generation service, generative artificial intelligence system, or capture device.Utah Code § 13-72c-101(16) to download the content's compliant system provenance dataCompliant system provenance data"Compliant system provenance data" means system provenance data that is compliant with widely adopted specifications of an established standards-setting body.Utah Code § 13-72c-101(4); or (iii) by providing a link to the content's system provenance dataSystem provenance data"System provenance data" means provenance data that is not reasonably capable of being associated with a particular user and that contains: (a) information regarding the type of device, system, or service that was used to generate a piece of digital content; or (b) information related to content authenticity.Utah Code § 13-72c-101(15) displayed on an internet website or in another application provided either by the large online platformLarge online platform"Large online platform" means a public-facing social media platform, mass messaging platform, or stand-alone search engine that distributes content to users who did not create or collaborate in creating the content and that exceeded 2,000,000 unique monthly users during the preceding 12 months. "Large online platform" does not include: (i) a broadband internet access service, as defined in 47 C.F.R. Sec. 8.1(b); or (ii) a telecommunications service, as defined in 47 U.S.C. Sec. 153.Utah Code § 13-72c-101(8) or a third party.
(2) 8 A large online platformLarge online platform"Large online platform" means a public-facing social media platform, mass messaging platform, or stand-alone search engine that distributes content to users who did not create or collaborate in creating the content and that exceeded 2,000,000 unique monthly users during the preceding 12 months. "Large online platform" does not include: (i) a broadband internet access service, as defined in 47 C.F.R. Sec. 8.1(b); or (ii) a telecommunications service, as defined in 47 U.S.C. Sec. 153.Utah Code § 13-72c-101(8) may not, to the extent technically feasible, knowingly strip any system provenance dataSystem provenance data"System provenance data" means provenance data that is not reasonably capable of being associated with a particular user and that contains: (a) information regarding the type of device, system, or service that was used to generate a piece of digital content; or (b) information related to content authenticity.Utah Code § 13-72c-101(15) or digital signatureDigital signature"Digital signature" means a cryptography-based method that identifies the user or entity that attests to the information provided in the signed section.Utah Code § 13-72c-101(6) that is compliant with widely adopted specifications adopted by an established standards-setting body from content uploaded or distributed on the large online platformLarge online platform"Large online platform" means a public-facing social media platform, mass messaging platform, or stand-alone search engine that distributes content to users who did not create or collaborate in creating the content and that exceeded 2,000,000 unique monthly users during the preceding 12 months. "Large online platform" does not include: (i) a broadband internet access service, as defined in 47 C.F.R. Sec. 8.1(b); or (ii) a telecommunications service, as defined in 47 U.S.C. Sec. 153.Utah Code § 13-72c-101(8).
This section imposes three affirmative provenance obligations on large online platforms: detecting whether compliant system provenance data is embedded in or attached to distributed content, providing a user interface to disclose provenance-data availability, and allowing users to inspect all available compliant system provenance data through the platform's interface, download, or a link. It also prohibits platforms from knowingly stripping standards-compliant provenance data or digital signatures from uploaded or distributed content, to the extent technically feasible.
(1)–(4) 9 A capture device manufacturerCapture device manufacturer"Capture device manufacturer" means a person who produces a capture device for sale in the state. "Capture device manufacturer" does not include a person exclusively engaged in the assembly of a capture device.Utah Code § 13-72c-101(3) shall include a latent disclosure in content captured by the capture deviceCapture device"Capture device" means a device that can record photographs, audio, or video content, including a video camera, a still photography camera, a mobile phone with a built-in camera or microphone, or a voice recorder.Utah Code § 13-72c-101(2) that conveys: (a)(i) the name of the capture device manufacturerCapture device manufacturer"Capture device manufacturer" means a person who produces a capture device for sale in the state. "Capture device manufacturer" does not include a person exclusively engaged in the assembly of a capture device.Utah Code § 13-72c-101(3); or (ii) digital signaturesDigital signature"Digital signature" means a cryptography-based method that identifies the user or entity that attests to the information provided in the signed section.Utah Code § 13-72c-101(6) sufficient to prove whether the content was created using a type of capture deviceCapture device"Capture device" means a device that can record photographs, audio, or video content, including a video camera, a still photography camera, a mobile phone with a built-in camera or microphone, or a voice recorder.Utah Code § 13-72c-101(2); and (b) the time and date of the content's creation or alteration. (2) A capture device manufacturerCapture device manufacturer"Capture device manufacturer" means a person who produces a capture device for sale in the state. "Capture device manufacturer" does not include a person exclusively engaged in the assembly of a capture device.Utah Code § 13-72c-101(3) may provide a userUser"User" means a Utah resident who accesses, interacts with, or uses an interactive computer service, platform, generation service, generative artificial intelligence system, or capture device.Utah Code § 13-72c-101(16) with the option to disable the latent disclosure on a capture deviceCapture device"Capture device" means a device that can record photographs, audio, or video content, including a video camera, a still photography camera, a mobile phone with a built-in camera or microphone, or a voice recorder.Utah Code § 13-72c-101(2) required in Subsection (1). (3) A capture device manufacturerCapture device manufacturer"Capture device manufacturer" means a person who produces a capture device for sale in the state. "Capture device manufacturer" does not include a person exclusively engaged in the assembly of a capture device.Utah Code § 13-72c-101(3) shall comply with this section only to the extent technically feasible and compliant with widely adopted specifications adopted by an established standards-setting body. (4) This section applies to any capture deviceCapture device"Capture device" means a device that can record photographs, audio, or video content, including a video camera, a still photography camera, a mobile phone with a built-in camera or microphone, or a voice recorder.Utah Code § 13-72c-101(2) a capture device manufacturerCapture device manufacturer"Capture device manufacturer" means a person who produces a capture device for sale in the state. "Capture device manufacturer" does not include a person exclusively engaged in the assembly of a capture device.Utah Code § 13-72c-101(3) produces for sale in the state on or after January 1, 2028.
This section requires capture device manufacturers to embed latent provenance disclosures in content captured by their devices, including the manufacturer name or digital signatures sufficient to prove capture-device origin, plus creation/alteration timestamps. Manufacturers may offer users the option to disable latent disclosures. Compliance is limited to what is technically feasible and compliant with established standards-body specifications. The obligation applies only to devices produced for sale in Utah on or after January 1, 2028.
10 A covered providerCovered provider"Covered provider" means a person that creates, codes, or otherwise produces a generative artificial intelligence system that: (i) has over 1,000,000 monthly visitors or users; and (ii) is publicly accessible within the geographic boundaries of the state. "Covered provider" does not include a person that creates, codes, or otherwise produces a generative artificial intelligence system that is used exclusively for the person's internal business operations and is not made publicly accessible.Utah Code § 13-72c-101(5) shall include a latent disclosure in image, video, or audio content, or content that is any combination of image, video, or audio, created or substantially modified by the covered providerCovered provider"Covered provider" means a person that creates, codes, or otherwise produces a generative artificial intelligence system that: (i) has over 1,000,000 monthly visitors or users; and (ii) is publicly accessible within the geographic boundaries of the state. "Covered provider" does not include a person that creates, codes, or otherwise produces a generative artificial intelligence system that is used exclusively for the person's internal business operations and is not made publicly accessible.Utah Code § 13-72c-101(5)'s generative artificial intelligence systemGenerative artificial intelligence system"Generative artificial intelligence system" means an artificial intelligence system that can generate derived synthetic content, including text, images, video, or audio, that emulates the structure and characteristics of the system's training data.Utah Code § 13-72c-101(7) that meets the following criteria: (1) to the extent that it is technically feasible and reasonable, the disclosure conveys the following information, either directly or through a link to a permanent internet website: (a) the time and date of the content's creation or alteration; and (b) either: (i) the name of the capture device manufacturerCapture device manufacturer"Capture device manufacturer" means a person who produces a capture device for sale in the state. "Capture device manufacturer" does not include a person exclusively engaged in the assembly of a capture device.Utah Code § 13-72c-101(3); or (ii) digital signaturesDigital signature"Digital signature" means a cryptography-based method that identifies the user or entity that attests to the information provided in the signed section.Utah Code § 13-72c-101(6) sufficient to prove whether the content was created or substantially altered using a generative artificial intelligence systemGenerative artificial intelligence system"Generative artificial intelligence system" means an artificial intelligence system that can generate derived synthetic content, including text, images, video, or audio, that emulates the structure and characteristics of the system's training data.Utah Code § 13-72c-101(7); and (2) the disclosure is consistent with widely accepted industry standards.
This section requires covered providers to embed latent provenance disclosures in image, video, audio, or combined content created or substantially modified by their generative AI system. The disclosure must convey the creation/alteration timestamp and either the manufacturer name or digital signatures proving AI-system origin, to the extent technically feasible and reasonable, and must be consistent with widely accepted industry standards.
(1)–(8) The Division of Consumer Protection shall administer and enforce the provisions of Part 2, Content Provenance Standards and Requirements in accordance with Chapter 2, Division of Consumer Protection. (2) In addition to the division's enforcement powers under Chapter 2, Division of Consumer Protection: (a) the division director may impose an administrative fine of up to $2,500 for each violation of this chapter; and (b) the division may bring an action in a court of competent jurisdiction to enforce a provision of this chapter. (3) In a court action by the division to enforce a provision of this chapter, the court may: (a) declare that an act or practice violates a provision of this chapter; (b) issue an injunction for a violation of this chapter; (c) order disgorgement of money received in violation of this chapter; (d) order payment of disgorged money to an injured purchaser or consumer; (e) impose a fine of up to $2,500 for each violation of this chapter; or (f) award other relief that the court determines reasonable and necessary. (4) If a court awards judgment or injunctive relief to the division, the court shall award the division: (a) reasonable attorney fees; (b) court costs; and (c) investigative fees. (5) A court may impose a civil penalty of no more than $5,000 for each violation of an administrative or court order issued for a violation of this chapter. (6) The attorney general may bring a civil action on behalf of the division to collect a civil penalty imposed under this section. (7) The division shall deposit all fines and civil penalties collected under this section into the Consumer Protection Education and Training Fund created in Section 13-2-8. (8) Nothing in this chapter shall displace any other available remedies or rights authorized under the laws of this state or the United States.
This section vests enforcement authority for the Digital Content Provenance Standards Act exclusively in the Division of Consumer Protection. The division may impose administrative fines up to $2,500 per violation and may bring court actions seeking declaratory relief, injunctions, disgorgement, fines up to $2,500 per violation, and other reasonable relief. Civil penalties up to $5,000 per violation apply for violations of administrative or court orders. The attorney general may bring civil actions to collect penalties. A savings clause preserves all other available remedies under state or federal law.
(1)–(3) 11 The chief information officer shall make rules, in accordance with Title 63G, Chapter 3, Utah Administrative Rulemaking Act, establishing standards for digital content on a webpage of a state agency that the public can access to facilitate a transaction or obtain a service if the chief information officer determines there is a substantial risk that fraudulent or misleading media could cause harm to a resident of the state interacting with the state agency. (2) The standards required by Subsection (1) shall require a digitally accessible provenance record containing provenance information for digital content captured, created, or edited that includes: (a) the identification of: (i) the type of software or tool used; or (ii) the specific tool used; (b) the date of creation; (c) a content identifier; and (d) the previous content identifiers, if applicable. (3) This section does not apply to digital content created before January 1, 2027.
This section directs the state chief information officer to promulgate rules establishing provenance standards for digital content on public-facing state agency webpages used for transactions or services, where there is a substantial risk of harm from fraudulent or misleading media. The standards must require digitally accessible provenance records identifying the software or tool used, creation date, content identifier, and prior content identifiers. The section does not apply to content created before January 1, 2027.