; (D) undergo an independent annual cybersecurity audit to determine whether such visual depiction is secured as required under subparagraph (A); and (E) promptly address all issues identified by an audit described in subparagraph (D). (e) Limited liability for reporting apparent child pornography by an individual depicted in the child pornography as a minor, or a representative of such individual (1) In general Except as provided in paragraph (2), a civil claim or criminal charge may not be brought in any Federal or State court against an individual depicted in child pornography as a minor, or a representative of such individual, arising from a report to the NCMEC CyberTipline by the individual, or the representative of such individual, of information that relates to the child pornography in which the individual is depicted as a minor, including a copy of the child pornography. (2) Intentional, reckless, or other misconduct Paragraph (1) shall not apply to a claim or charge if the individual, or the representative of such individual— (A) engaged in— (i) intentional misconduct; (ii) negligent conduct; or (iii) any activity which constitutes a violation of section 2251; or (B) acted, or failed to act— (i) with actual malice; or (ii) with reckless disregard to a substantial risk of causing injury without legal justification. (3) Minimizing access With respect to any child pornography reported to the NCMEC CyberTipline by an individual depicted in the child pornography as a minor, or a representative of such individual, NCMEC shall minimize access to the child pornography and ensure the appropriate deletion of the child pornography, as set forth in section 2258D. (4) Definition For purposes of this subsection, the term representative , with respect to an individual depicted in child pornography— (A) means— (i) the parent or legal guardian of the individual, if the individual is under 18 years of age; (ii) the legal guardian or other person appointed by a court to represent the individual