13-72b-304. Safe harbor for covered platforms.
(1) A covered platform is not liable under Section 13-72b-303 if the covered platform demonstrates that:
(a) the covered platform implemented and maintained notice and removal procedures that comply with Section 13-72b-302; and
(b) the covered platform acted in good faith in responding to notices of non-consensual counterfeit intimate images.
(2) A covered platform qualifies for safe harbor protection under this section even if a non-consensual counterfeit intimate image appeared on the platform if the covered platform demonstrates that:
(a) the covered platform had no actual knowledge of the image before receiving notice under Section 13-72b-302; and
(b) upon receiving notice, the covered platform complied with the takedown requirements in Section 13-72b-302.
(3) In determining whether a covered platform acted in good faith in responding to a notice of a non-consensual counterfeit intimate image, the court shall consider:
(a) the size and resources of the covered platform;
(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 platform 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 platform 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 platform; and
(b) award the covered platform reasonable attorney fees and costs.