HB 2408

Abstract

Creates the Removal of Private Compromising Images Act. Defines terms. Provides that a person shall not post a private compromising image of another person online. Provides that a person may file a petition for a take-down order if the person discovers that a private compromising image of himself or herself is posted online. Provides that if the court finds that the defendant posted a private compromising image, then the court shall enter a take-down order and the defendant shall immediately delete or remove the private compromising image from the website. Provides that upon the return of service date, if the plaintiff presents prima facie evidence that the image at issue is a private compromising image of the plaintiff, then the court shall enter an emergency take-down order without a hearing to have the image removed from the website immediately. Provides that a person who is found to have posted a private compromising image of another person by a court shall be liable for damages. Provides that the amount of damages shall be at the discretion of the court. House Committee Amendment No. 1 Provides that nothing in the Act shall be construed to impose liability on an interactive computer service for content provided by another person.