TAKE IT DOWN Act

What this does

This bill makes it a federal crime to share sexually explicit images of a person without their consent, and forces online platforms to take such images down quickly. It amends the Communications Act to criminalize knowingly publishing, over an online service, an intimate image of an identifiable person who did not consent, covering both real photographs and AI-generated fakes the bill calls digital forgeries. Publishing such an image of an adult can bring up to two years in prison, and of a minor up to three; threatening to publish one is also a crime. Separately, within one year of enactment, every covered platform must build a reporting process, and once someone reports a nonconsensual image of themselves in good faith, the platform must remove it within 48 hours and make reasonable efforts to find and remove identical copies. Platforms are shielded from liability for removing content in good faith even if it later proves lawful. The Federal Trade Commission enforces the takedown duty, treating a failure to comply as an unfair or deceptive practice. Covered platforms are public sites and apps that mainly host user-generated content or that regularly host such images; broadband providers and email are excluded.

House vote · 409-2

Democrats202–0

Republicans207–2

Independents0–0

How we know · 10 sourced claims

Section 2 amends the Communications Act to make it a federal offense to knowingly publish, over an interactive computer service, an intimate visual depiction of a person without consent.Source: Sec. 2(a), adding 47 U.S.C. 223(h)(2)(A) and (h)(2)(B)
The crime covers both authentic images and AI-generated fakes, which the bill calls 'digital forgeries.'Source: Sec. 2(a), new 223(h)(1)(B) (definition of 'digital forgery') and (h)(3) ('Offense involving digital forgeries')
Publishing such an image of an adult carries up to 2 years in prison; of a minor, up to 3 years.Source: Sec. 2(a), new 223(h)(4)(A) and (h)(4)(B)
Threatening to publish such an image is also a crime.Source: Sec. 2(a), new 223(h)(6) ('Threats')
Section 3 orders covered platforms to build a takedown process within one year of enactment.Source: Sec. 3(a)(1)(A) ('Not later than 1 year after the date of enactment')
Once a person reports a nonconsensual image of themselves, the platform must remove it within 48 hours and make reasonable efforts to remove identical copies.Source: Sec. 3(a)(3)
The removal duty triggers on a good-faith report, and platforms are shielded from liability for removing content even if it later turns out to be lawful.Source: Sec. 3(a)(1)(B)(iii) (good-faith-belief notice) and Sec. 3(a)(4) (liability shield 'regardless of whether the intimate visual depiction is ultimately determined to be unlawful or not')
The Federal Trade Commission enforces the takedown rule, treating a failure to comply as an unfair or deceptive practice.Source: Sec. 3(b)(1) and 3(b)(2)
A covered platform is a site or app that serves the public and primarily hosts user-generated content, or that regularly hosts such images; broadband providers and email are excluded.Source: Sec. 4(3)(A) and 4(3)(B)(i)-(ii)
Every section of the Act is directed at nonconsensual intimate visual depictions, with no unrelated rider, making it single-subject.Source: Secs. 1-5 (short title, criminal prohibition, notice and removal, definitions, severability)

Read the bill on congress.gov ↗

Your representatives

How did your member vote on this?

House roll call

The full roll call

R202–2D199–0I1–0

Position

Party

State

Republicans

215

Democrats

208

Independents

YeaKevin KileyCA · District 3