HB 1161 (2025) "Brooke's Law" and Platform Accountability

HB 1161 (2025) amends the Florida Deceptive and Unfair Trade Practices Act to require hosting companies to remove AI-generated sexual images within 48 hours of a verified request. Failure to comply constitutes an unfair or deceptive practice, enforceable through civil penalties.

 

The law arose in response to public and legislative pressure for platform accountability. Policymakers cited cases in which victims experienced prolonged exposure to harmful content, and emphasized the need for rapid remediation. Internationally, the statute mirrors obligations under the EU Digital Services Act, which mandates quick response to harmful digital content hosted by online intermediaries.

Legal experts have praised HB 1161 for providing clarity but highlighted operational challenges, particularly for smaller platforms that may lack the resources to verify and remove content within the 48-hour window. Advocacy groups have applauded the law's emphasis on victim protection, while industry organizations caution against potential compliance burdens.

For Florida attorneys advising platforms, the statute underscores the need to implement proactive content monitoring, legal compliance, procedures, and vendor accountability measures. Together with HB 757 (2025), HB 1161 (2025) establishes a two-tiered regulatory framework balancing individual rights with remedial obligations.