Requires social media platforms to cooperate with nonprofit organization initiatives to remove nonconsensual intimate images or videos.

A3064 TR

ASSEMBLY, No. 3064

STATE OF NEW JERSEY

222nd LEGISLATURE

�

PRE-FILED FOR INTRODUCTION IN THE 2026 SESSION

Sponsored by:

Assemblyman CHRIS TULLY

District 38 (Bergen)

Assemblywoman SHANIQUE SPEIGHT

District 29 (Essex and Hudson)

Co-Sponsored by:

Assemblymen Calabrese, Stanley, Assemblywoman Peterpaul,
Assemblyman Hutchison, Assemblywomen Bagolie, Drulis, Assemblyman Miller,
Assemblywomen Morales, Brennan, Assemblymen Freiman, Sampson and Singh

SYNOPSIS

���� Requires social media platforms to cooperate with
nonprofit organization initiatives to remove nonconsensual intimate images or
videos.

CURRENT VERSION OF TEXT

���� As reported by the Assembly Science, Innovation and
Technology Committee with technical review.

��

An Act
concerning social media platforms cooperating with
certain nonprofit organization initiatives and supplementing Title 56 of the
Revised Statutes.

����
Be It
Enacted
by the Senate and General Assembly of
the State of New Jersey:

���� 1.� The Legislature finds and
declares that:

���� a.� Millions of Americans have
reported being victims of the sharing of nonconsensual intimate images or
videos, commonly referred to as �revenge porn,� with that number continuing to
grow in recent years.� Victims often struggle to find methods to remove this
type of content from social media platforms and may even face further
victimization if the images or videos resurface years later.�

���� b.� Despite legislative
efforts to penalize the distribution of nonconsensual intimate images or
videos, the sharing of nonconsensual intimate images and videos continues to
affect many New Jersey residents, including minors, especially with the
continued and increased use of social media platforms.

���� c.� Additionally, with the
rise of artificial intelligence-generated images, more New Jersey residents may
be affected by the sharing of nonconsensual intimate representations of
themselves through deceptive audio or visual media.

���� d.� In addition to legislative
efforts, organizations, like StopNCII.org and the National Center for Missing
and Exploited Children�s Take It Down initiative, work to remove all types of
nonconsensual intimate images from social media platforms.

���� e.� To date, coordination
between social media companies and these organizations is voluntary and some
social media companies do not cooperate.� P.L.��� , c.��� (C.������� ) (pending
before the Legislature as this bill) mandates that social media companies shall
cooperate with nonprofit organizations that work to remove nonconsensual images
or videos of individuals.

���� 2.� As used in P.L.��� , c.���
(C.������� ) (pending before the Legislature as this bill):

���� �Deceptive audio or visual
media� means any video recording, motion picture film, sound recording,
electronic image, photograph, or any technological representation of speech or
conduct substantially derivative thereof, that appears to a reasonable person
to realistically depict any speech or conduct of a person who did not in fact
engage in the speech or conduct, and the production of which was substantially
dependent upon technical means, rather than the ability of another person to
physically or verbally impersonate the person.

���� �Disclose� means to sell,
manufacture, give, provide, lend, trade, mail, deliver, transfer, publish,
distribute, circulate, disseminate, present, exhibit, advertise, offer, share,
or make available via the Internet or by any other means, whether for pecuniary
gain or not.

���� �Individual� means any natural
person.

���� �Intimate images or videos�
means images or videos that depict intimate parts, sexual penetration, or
sexual contact, as those terms are defined in N.J.S.2C:14-1, in any manner in
which such objects or acts are not completely and opaquely covered.

���� �Minor� means an individual
under the age of 18.

���� �Nonprofit organization� means
the same as described in section 501(c)(3) of the Internal Revenue Code and
which are exempt from income tax under section 501(a) of the Internal Revenue
Code.

���� �Social media company� means a
person or entity that provides or operates a social media platform with at
least five million account holders worldwide.

���� �Social media platform� means
a public or semi-public Internet-based service or application that has account
holders in this State, which service or application: allows account holders to
construct a public or semi-public profile for the purposes of using the
platform, populate a list of other account holders with whom the account holder
shares a social connection through the platform, and post content viewable by
other account holders or users of the platform; and is designed to connect
account holders within the platform to facilitate social interactions, except
that a service or application that provides e-mail or direct messaging services
shall not be considered to meet this criterion solely based on the existence of
that functionality.� �Social media platform� shall not include a service or
application that consists primarily of news, sports, entertainment, e-commerce,
or other content that is not user-generated but is preselected by the provider
and for which any chat, comments, or interactive functionality is incidental
to, directly related to, or dependent on the provision of the content, or

�news
media� as defined in section 2 of P.L.1977, c.253 (C.2A:84A-21a).

���� �Video� means a recording of
an image or of moving images in which an individual is readily identifiable,
and which recording may be prerecorded or recorded online, or may be an online
live video transmission or a live television transmission.

���� 3.� a.� A social media company
shall cooperate with any nonprofit organization that seeks to remove
nonconsensual intimate images or videos, including any intimate image or video
of deceptive audio or visual media, of any non-consenting individual from the
social media platform.

���� b.� Each social media company
shall establish and implement procedures to assist nonprofit organizations in
monitoring, flagging, and requesting the removal of nonconsensual intimate
images or videos, including any intimate image or video of deceptive audio or
visual media, that are disclosed on a social media platform.� Upon receiving a
request to remove any nonconsensual intimate images or videos, the social media
company shall immediately remove the flagged material from the social media
platform until a thorough review has been completed and the social media
company has determined that the intimate images or videos were consensual.

���� c.� An intimate image or video
shall be considered nonconsensual when:

���� (1)� an individual in the
intimate image or video did not give express consent for the image or video to
be taken, recorded, or disclosed; or

���� (2)� an individual who is
depicted in an intimate image or video of deceptive audio or visual media did
not give express consent for the image or video to be created or disclosed.

���� d.� An intimate image or video
shall be considered nonconsensual whenever the image or video is disclosed if:

���� (1)�� an individual depicted
in an intimate image or video was a minor when the image or video was taken or
recorded; or

���� (2)� an individual depicted in
an intimate image or video of deceptive audio or visual media was depicted as a
minor or was a minor when the image or video was created or disclosed.

���� 4.� a.�
Any person who violates any of the
provisions of P.L.��� , c.��� (C.������� ) (pending before the Legislature as
this bill) shall, in addition to any other penalty provided by law, be liable
to a penalty of not more than $10,000 for the first offense and not more than
$20,000 for the second and each subsequent offense.

���� b.��� Any penalty imposed pursuant to this section may
be collected, with costs, in a summary proceeding pursuant to the �Penalty
Enforcement Law of 1999,� P.L.1999, c.274 (C.2A:58-10 et seq.).� The Superior
Court and the municipal court shall have jurisdiction to enforce the provisions
of the �Penalty Enforcement Law of 1999,� P.L.1999, c.274 (C.2A:58-10 et seq.),
in connection with P.L. , c.
(C. ) (pending before the
Legislature as this bill).

���� 5.��� This act shall take
effect immediately.