Full text of Utah Utah Code § 72b-304 — Safe harbor for covered platforms. (Effective 1/1/2027), with citation guidance and answers to common questions.
§ 72b-304. Safe harbor for covered platforms. (Effective 1/1/2027)
Effective 1/1/2027 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.
Section 72b-304 ("Safe harbor for covered platforms. (Effective 1/1/2027)") is part of the Utah Code, the codified statutory law of Utah. It sets out the legal rule or procedure described in the text above. Statutes are amended regularly, so always verify against the official source.
How do I cite Utah § 72b-304?
A common citation format is "Utah Code § 72b-304" (Utah). Legal writing may require the code abbreviation, section number, and year or edition. Match the style required by your court, professor, or publisher.
Is this the official text of Utah law?
No. This page is for research and education and may not include the most recent amendments. For official current law, check the Utah official source linked on this page or consult a licensed Utah attorney.
How does Utah § 72b-304 apply to my situation?
Statutes are interpreted in context, and application depends on your specific facts. Only a licensed attorney in Utah can advise on how this section applies to you. Contact your state or local bar association for a referral.
