On 1 January 2027, the Digital Voyeurism Prevention Act enters into force. The Act prohibits generation services from distributing Artificial Intelligence (AI)-generated intimate images, defined by reference to the federal Take It Down Act, without first obtaining the depicted individual's express consent, requiring consent records to be maintained for a minimum of seven years. Covered platforms must establish notice-and-takedown procedures compliant with the Take It Down Act, removing flagged content within 48 hours of notification and making reasonable efforts to identify and remove identical copies. Both generation services and covered platforms may claim safe harbour from civil liability by demonstrating they have implemented compliant written policies, reasonable technical safeguards, and good-faith responses to notices of non-consensual content.
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