Colorado § 13-21-1504 - Exceptions to liability - construction.

§ 13-21-1504. Exceptions to liability - construction.

(1) (a) A person is not liable under this part 15 if the person proves that disclosure of, or a threat to disclose, the intimate digital depiction was:

(I) Made in good faith:

(A) To law enforcement; or

(B) In a legal proceeding;

(II) Made in good faith in the reporting or investigation of:

(A) Unlawful conduct; or

(B) Unsolicited and unwelcome conduct;

(III) Related to a matter of public concern or public interest; or

(IV) Reasonably intended to assist the depicted individual.

(b) Notwithstanding the exceptions in subsection (1)(a) of this section, a claim of good faith does not limit liability for a defendant who created, developed, or otherwise made the intimate digital depiction.

(2) If a defendant asserts an exception to liability pursuant to this section, the exception does not apply if the plaintiff proves by a preponderance of the evidence that the disclosure was:

(a) Prohibited by law other than this part 15; or

(b) Made, possessed, or distributed for the purposes of sexual arousal, sexual gratification, humiliation, degradation, or monetary or commercial gain.

(3) Disclosure of, or a threat to disclose, an intimate digital depiction is not a matter of public concern or public interest solely because the depicted individual is a public figure.

(4) This part 15 does not apply to media content that constitutes satire or parody, or to media content, the production of which is substantially dependent on the ability of a person to physically or verbally impersonate a depicted individual and not upon computer-generated means.

(5) This part 15 does not apply to the provider of technology used in the creation of an intimate digital depiction.

(6) Nothing in this section imposes liability on the provider of an interactive computer service, as defined in 47 U.S.C. sec. 230 (f)(2); an information service, as defined in 47 U.S.C. sec. 153 (24); or a telecommunications service, as defined in 47 U.S.C. sec. 153 (53), for content provided by another person.

(7) Nothing in this part 15 imposes liability on the provider of an interactive computer service, as defined in 47 U.S.C. sec. 230 (f)(2), for:

(a) An action the provider of an interactive computer service takes voluntarily and in good faith to restrict access to or availability of an intimate digital depiction; or

(b) An action the provider of an interactive computer service takes to enable or make available to information content providers, as defined in 47 U.S.C. sec. 230 (f)(3), or other persons the technical means to restrict access to an intimate digital depiction.

(8) (a) Notwithstanding any other provision of this part 15, a broadcaster is not liable pursuant to this part 15 solely for the broadcast, rebroadcast, or publication of third-party content that contains or is alleged to contain an intimate digital depiction if the broadcaster:

(I) Did not create, alter, or materially contribute to the development of the intimate digital depiction;

(II) Lacked actual knowledge that the content was an intimate digital depiction that the depicted individual did not consent to have disclosed; and

(III) Upon obtaining the actual knowledge described in subsection (8)(a)(II) of this section, acted promptly and in good faith to remove, cease further dissemination of, or otherwise limit access to the content, when reasonably feasible.

(b) This subsection (8) does not limit liability if a broadcaster knowingly or recklessly broadcasts, publishes, or distributes content in violation of this part 15, or fails to respond to a valid request to remove the material.

(9) This part 15 must be construed to be consistent with the federal "Communications Decency Act of 1996", 47 U.S.C. sec. 230.

Source: L. 2025: Entire part added, (SB 25-288), ch. 339, p. 1822, § 1, effective August 6.