California Introduces Bill (SB 981) To Address Non-Consensual Explicit Digital Content Sharing “Revenge Porn” on Social Media

On 1 January 2025, California's Senate Bill 981 (SB 981) came into effect, introducing measures to combat the unauthorised sharing of sexually explicit digital content on social media platforms.

This legislation addresses the growing issue of non-consensual intimate imagery, often referred to as "revenge porn," by establishing clear protocols for reporting and removing such content.

Bill Text - SB-981 Sexually explicit digital images.

SB 981 Sexually explicit digital images.

SB-981 Sexually explicit digital images.

Understanding SB 981

SB 981 defines "sexually explicit digital identity theft" as the unauthorised posting of intimate digital content—such as images or videos depicting identifiable individuals in sexual acts—without the individual's consent.

The law mandates that social media platforms provide California users with an accessible mechanism to report such instances. Upon receiving a report, platforms must:

• Confirm receipt within 48 hours.
• Provide a status update within seven days.
• Temporarily block the reported content during the review process.
• Determine within 30 days (extendable to 60 days in certain circumstances) whether the content qualifies as digital identity theft.
• Immediately remove the content if it is found to involve digital identity theft.

These requirements aim to ensure prompt action, reducing the potential harm caused by the continued availability of non-consensual explicit content.

The Rise of Non-Consensual Explicit Content

The digital age has made it easier to create and share intimate content. Unfortunately, this has led to a rise in cases where such content is shared without consent, causing significant emotional and psychological distress to victims.

The advent of technologies like deepfakes—AI-generated synthetic media—has further complicated the issue, enabling the creation of realistic but fake explicit content featuring individuals without their knowledge.

Implications for Social Media Platforms

With the implementation of SB 981, social media platforms operating in California are now legally obligated to take swift action against non-consensual explicit content. This includes establishing user-friendly reporting mechanisms and adhering to strict timelines for addressing reported content. Failure to comply with these requirements could result in legal consequences and damage to the platform's reputation.

Platforms will need to invest in robust content moderation systems capable of efficiently handling reports of sexually explicit digital identity theft. This may involve employing advanced AI tools to detect and assess reported content, as well as training human moderators to handle such sensitive cases with care and discretion.

Support for Victims

SB 981 not only holds platforms accountable but also empowers victims by providing a clear avenue for recourse. Victims of non-consensual explicit content can now expect a more responsive and structured process when seeking the removal of such material.

This legislative development is a significant step towards acknowledging and addressing the harms caused by digital identity theft.

As SB 981 comes into force, it sets a template for other states and countries grappling with the challenges of non-consensual explicit content in the digital realm. The legislation reflects a growing recognition of the need to protect individuals' privacy and dignity in an increasingly interconnected world.