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Current as of January 01, 2023 | Updated by Findlaw Staff
(a) An online entity operator shall establish a procedure for removing a pornographic image from the online entity at the request of a person and designate one or more employees of the operator to be responsible for handling requests for removal of pornographic images.
(b) An online entity operator shall display a prominently visible notice on the website or mobile application of the online entity that provides instructions on how a person can request the removal of a pornographic image.
(c) If an online entity operator receives a request from an eligible person or a law enforcement officer acting pursuant to a valid court order, through any request mechanism offered by the operator under subsection (b) of this section, to remove a pornographic image that is being hosted by the online entity without the consent of an individual who appears in the pornographic image, the operator shall remove the pornographic image as quickly as possible, and in any event not later than 72 hours after receiving the request.
(d) If an online entity operator receives a request from a person other than an eligible person or law enforcement officer acting pursuant to a court order, through any request mechanism offered by the operator under subsection (b) of this section, to remove a pornographic image that is being hosted by the online entity without the consent of an individual who appears in the pornographic image, then not later than 72 hours after receiving the request, the operator shall do the following:
(1) Review the records of the operator with respect to the pornographic image to determine whether the pornographic image was published to the platform in accordance with the verification requirements of G.S. 66-506; and
(2) Remove the pornographic image if the operator determines that the pornographic image was not published to the platform in accordance with the verification requirements of G.S. 66-506.
(e) An online entity operator shall remove a pornographic image temporarily if any question arises as to the consent of a performer. This requirement is in addition to the requirements of subsections (c) and (d) of this section.
(f) At the request of a performer, a pornographic image distributed or published by an online entity operator must be removed within 72 hours of the request being made, regardless of the age or consent of the performer.
(g) In the case of a pornographic image that has been removed from an online entity in accordance with this section, the online entity operator shall block the pornographic image, and any altered or edited version of the pornographic image, from being distributed on or published to the online entity again.
Cite this article: FindLaw.com - North Carolina General Statutes Chapter 66. Commerce and Business § 66-507. Removal of images - last updated January 01, 2023 | https://codes.findlaw.com/nc/chapter-66-commerce-and-business/nc-gen-st-sect-66-507/
FindLaw Codes may not reflect the most recent version of the law in your jurisdiction. Please verify the status of the code you are researching with the state legislature before relying on it for your legal needs.
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