Heightened pleading standard for actions against covered platforms

(1) In any action brought under Section 13-72b-303 against a covered platform, the complaint shall plead with particularity facts establishing that the covered platform does not qualify for safe harbor protection under Section 13-72b-304. (2) To meet the pleading requirements of Subsection (1), the plaintiff shall include specific factual allegations demonstrating that the covered platform does not qualify for safe harbor protection under Section 13-72b-304, including facts showing one or more of the following: (a) that the covered platform failed to implement notice and removal procedures that comply with Section 13-72b-302; (b) that the covered platform failed to act in good faith in responding to notices of non-consensual counterfeit intimate images; (c) if the plaintiff provided notice under Section 13-72b-302: (i) the specific date and method by which notice was provided; (ii) the content of the notice provided; (iii) the covered platform's response or failure to respond; and (iv) facts establishing that the covered platform failed to comply with the takedown requirements in Section 13-72b-302; or (d) if the plaintiff did not provide notice under Section 13-72b-302: (i) facts establishing that the covered platform had actual knowledge of the non-consensual counterfeit intimate image before the plaintiff provided notice; and (ii) facts establishing that the covered platform failed to take reasonable steps to remove the image within 48 hours after obtaining actual knowledge. (3) General or conclusory allegations that a covered platform violated this part are insufficient to state a claim. (4) If a complaint fails to meet the pleading requirements of this section, the court shall dismiss the action without prejudice. (5) A covered platform may bring a motion to dismiss under this section before filing an answer or other responsive pleading. (6) If the court grants a motion to dismiss under this section and the plaintiff files an amended complaint that again fails to meet the pleading requirements of this section, the court shall: (a) dismiss the action with prejudice; and (b) award the covered platform reasonable attorney fees and costs incurred in bringing the motion to dismiss the amended complaint.