Bill
SB 1400
The bill requires platforms to remove nonconsensual altered depictions within 48 hours after a compliant request, with safe-harbor for good-faith removal efforts.
Status / Key Dates
- Introduced: February 19, 2025 (Sen. Calatayud)
- Committee substitute considered March–April 2025; co‑sponsor Sen. Chris Balkema added (May 30, 2025)
- Effective: upon becoming law
- Statutory change: amends section 836.13, Florida Statutes
Purpose and intent
- To give victims of nonconsensual altered sexual depictions (commonly called “deepfakes”) a clear, expedited mechanism to have those images/videos and copies removed from online platforms and to impose enforcement remedies when platforms fail to comply.
Background
- Florida’s 2022 law (s. 836.13, F.S.) criminalized promotion of altered sexual depictions and provided civil remedies against perpetrators but did not require online platforms to remove content on victim request. Advances in generative AI have increased creation and distribution of deepfake pornography, disproportionately affecting women and young adults.
Key provisions
- Removal obligation: Covered platforms (websites and online services identified in the bill) must remove an altered sexual depiction and any copies from their platform upon receipt of a victim’s removal request.
- Takedown timeline: Platforms must remove the specified content within 48 hours of receiving a compliant request.
- Notice and process requirements: Platforms must provide clear public notice of their responsibilities under the law and describe how victims may submit notifications/requests for removal.
- Request content / verification: The bill requires that notifications and requests comply with specified form/verification requirements (analysis notes indicate a physical or electronic signature by the identifiable person or an authorized agent; other evidentiary requirements are in the bill text).
- Platform obligations deadline: Platforms must establish the removal process no later than December 31, 2025 (as provided in committee analysis).
- Liability protections: Platforms that act in good faith to comply with removal requirements are afforded liability protections (safe‑harbor for compliance efforts).
- Enforcement and remedies: Failure to follow the statutory removal procedures is classified as an “unfair or deceptive act or practice” under the Florida Deceptive and Unfair Trade Practices Act (FDUTPA). Enforcement tools include injunctive relief, private causes of action, attorney’s fees, and civil penalties available under FDUTPA.
Who is affected
- Victims of nonconsensual altered sexual depictions: quicker, statutory path to have content removed from covered platforms.
- Covered platforms, hosting services, and online publishers: required to implement notice and removal processes, comply within 48 hours, and may face FDUTPA enforcement if they fail to do so.
- Law enforcement and courts: existing criminal and civil remedies under s. 836.13 remain; FDUTPA provides additional civil enforcement mechanisms.
Potential impacts
- Benefits: Faster takedowns should reduce ongoing harm to victims and close a gap between criminal/civil liability and practical content removal online.
- Costs/risks to platforms: Operational and compliance costs to create intake and verification systems; exposure to FDUTPA litigation when platforms fail to meet procedural or timing requirements.
- Balancing concerns: The bill includes good‑faith liability protections for platforms that act to remove content, aiming to balance victim protection with limits on platform liability.
Effective date
- The bill takes effect upon becoming law; platforms must implement required removal procedures by the statutory deadline (noted in analyses as December 31, 2025).
Compiled from official sources — confirm details with the bill’s official record.
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