Sharing a depiction with someone 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 .
Sharing a depiction with someone 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 disclosed the intimate visual depiction to another individual shall not establish that the identifiable individual provided consent for the publication of the intimate visual depiction by the person alleged to have violated paragraph (2) or (3), respectively.”
The second rule of construction. That the identifiable individual disclosed the depiction to another individual does not by itself establish consent to publication by the person alleged to have committed the offense.
What the document actually says
“the fact that the identifiable individual disclosed the intimate visual depiction to another individual shall not establish that the identifiable individual provided consent for the publication of the intimate visual depiction by the person alleged to have violated paragraph (2) or (3), respectively.”
That sentence, in plain words
Sending an image to one person is not saying yes to it being posted.
What this is about
A person may share an image with someone they trust. That choice does not open it to the world.
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
“Sharing a depiction with someone 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-sharing-is-not-consent-to-publication/ (retrieved October 10, 2026).
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