Importance Score: 85 / 100 🟢
House Approves Bill Targeting Nonconsensual Sharing of Sexually Explicit Images, Including AI Deepfakes
The House of Representatives overwhelmingly approved bipartisan legislation on Monday to criminalize the nonconsensual distribution of sexually explicit photos and videos, including AI-generated imagery known as “deepfakes.” The bill also mandates that online platforms promptly remove such content.
With a vote of 409 to 2, the measure now heads to the President, who is anticipated to sign it into law swiftly.
Key Provisions of the Take It Down Act
The legislation, titled the Take It Down Act, seeks to combat the dissemination of material often referred to as “revenge porn.” It requires social media companies and other online platforms to remove such images within 48 hours (two days) of receiving notification.
- Requires swift removal of explicit content.
- Targets revenge porn and deepfakes.
Bipartisan Support and Legislative Path
The measure garnered support from a diverse coalition of conservatives and liberals in both parties. It previously passed the Senate unanimously in February. Presidential support, voiced during a recent address to Congress, seemingly expedited its passage through the House.
Significance of the Legislation
Introduced by Senators, the Take It Down Act represents the first internet content law to pass Congress since legislation addressing online sex trafficking was approved in 2018. While focused on revenge porn and deepfakes, the bill is regarded as a significant stride toward regulating internet companies that have largely avoided governmental oversight for decades.
Growing Concerns Over Social Media Content
The resounding support for the Take It Down Act underscores escalating frustration among legislators regarding social media platforms like Facebook, Instagram, and X (formerly Twitter) and their hosting of disinformation and harmful content, particularly images that negatively impact children and teens.
Impact on Teenagers and Young People
While revenge porn and deepfakes affect both adults and minors, they have had a particularly pronounced effect on teenage girls. The availability of “nudification” apps has led to instances where boys create and share sexually explicit images of their female classmates without their consent.
Statements from Lawmakers
Representative, who introduced a companion bill in the House, stated that the legislation would halt the abuse and harassment of young girls that is “spreading like wildfire” online.
She added that the use of images – the face, the voice, the likeness – of vulnerable young women to manipulate, extort, and publicly humiliate them is “outrageously sick.”
State-Level Efforts
The passage of this bill coincides with similar initiatives at the state level. Almost every state has enacted a law criminalizing revenge porn, while a significant number have laws addressing sexually explicit deepfakes.
Legislative History and Future Implications
The measure is the culmination of a years-long, bipartisan effort to address deepfake pornography. The bill previously passed the Senate but stalled in the House but gained momentum after receiving support from the First Lady.
Representative also introduced legislation that would have allowed individuals depicted in sexually explicit deepfakes to sue those who created and shared the images, however, the bill has not been reintroduced.
Protecting Children Online
Lawmakers have recently focused on legislation designed to safeguard children online from sexual exploitation, bullying, and addictive algorithms. Tech firm executives testified before Congress, defending their platforms.
During the hearing, a tech CEO apologized to parents of children harmed by online content.
Concerns About Free Speech
Some free speech advocates caution that the measure could stifle free expression, potentially leading to the removal of legitimate images alongside nonconsensual sexual imagery.
Perspectives on Potential Drawbacks
The bill’s dangerous implications for constitutional speech and privacy online cannot be outweighed by good intentions, according to a deputy director of the Free Expression Project for the Center for Democracy and Technology.
Branum also stated that the Take It Down Act could be “a recipe for weaponized enforcement that risks durable progress in the fight against image-based sexual abuse.”