Consent to the making of a depiction does not establish consent to publish it
To require covered platforms to remove nonconsensual intimate visual depictions, and for other purposes, section 2, Sec. 2.
Written by .
Consent to the making of a depiction does not establish consent to publish it
The document says “shall not”Who acts: Federal courtsHow: statuteSec. 2 in the PDF
What the document says
“the fact that the identifiable individual provided consent for the creation of the intimate visual depiction shall not establish that the individual provided consent for the publication of the intimate visual depiction”
How paragraphs (2) and (3) are to be read. The individual's consent to the creation of an intimate visual depiction does not by itself establish consent to its publication.
What the document actually says
“the fact that the identifiable individual provided consent for the creation of the intimate visual depiction shall not establish that the individual provided consent for the publication of the intimate visual depiction”
That sentence, in plain words
Saying yes to an image being made is not saying yes to it being posted.
What this is about
These are two different choices. One does not stand in for the other.
No action is recorded against this proposal. That is not evidence that none has been taken, and nobody has yet read it against the record. See what the tracker does not yet cover.
Tools to Address Known Exploitation by Immobilizing Technological Deepfakes on Websites and Networks Act, Public Law 119-12, sec. 2, 139 Stat. 55 (2025). https://www.govinfo.gov/content/pkg/PLAW-119publ12/html/PLAW-119publ12.htm
This page
“Consent to the making of a depiction does not establish consent to publish it,” Tools to Address Known Exploitation by Immobilizing Technological Deepfakes on Websites and Networks Act, section 2, Sec. 2. Read the Mandate, https://readthemandate.org/tools-address-known-exploitation-by-immobilizing/proposal/sec02-consent-to-creation-is-not-consent-to-publication/ (retrieved October 10, 2026).
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