The House Energy and Commerce Committee has advanced H.R. 633, known as the TAKE IT DOWN Act, which aims to protect individuals from real and deepfake revenge pornography. This bipartisan bill, introduced by Rep. Maria Salazar from Florida and Rep. Madeleine Dean from Pennsylvania, has already cleared the Senate, where Sen. Ted Cruz of Texas and Sen. Amy Klobuchar of Minnesota presented it. The legislation currently has nearly 40 bipartisan cosponsors in the House.
Rep. Salazar commented on the development, saying, “This is a huge step towards finally turning this legislation into law. I thank Energy and Commerce Committee Chairman Brett Guthrie for his constant support and his commitment to getting this bill done. My TAKE IT DOWN Act will finally give innocent victims real protection from online exploitation. Websites and platforms like Snapchat, Instagram, and TikTok must remove fake, compromising pornographic images within 48 hours or face consequences. No more inaction. No more excuses: if you exploit an innocent child, you will face jail time.”
The TAKE IT DOWN Act addresses several issues while safeguarding free speech. It criminalizes the distribution of Non-Consensual Intimate Imagery (NCII) or the threat to distribute it. It also protects those who assist victims by allowing the disclosure of NCII in good faith for law enforcement or medical treatment purposes. Additionally, it mandates that websites remove NCII within 48 hours upon receiving notice from victims. The act also introduces a ‘reasonable person’ test to ensure that computer-generated NCII realistically depicts an individual in compliance with First Amendment jurisprudence.
Rep. Salazar and Sen. Cruz recently organized a roundtable with First Lady Melania Trump, members of House leadership, Chairman Guthrie, and victims of revenge and deepfake pornography. President Trump, in his inaugural Joint Session of Congress, expressed his commitment to signing the legislation into law.
The TAKE IT DOWN Act has garnered substantial support across the political spectrum, including backing from the bipartisan Problem Solvers Caucus. Furthermore, over 120 organizations from victim advocacy groups, law enforcement, and the tech industry have expressed their endorsement. Notable supporters include Meta, Snap, Google, Microsoft, TikTok, X, Amazon, Bumble, Match Group, Entertainment Software Association, IBM, TechNet, the U.S. Chamber of Commerce, Internet Works, National Fraternal Order of Police, National Center for Missing and Exploited Children, RAINN, and the National Center on Sexual Exploitation.
