House Passes ‘Take It Down’ Act Criminalizing Deep Fake Revenge Photos

The Take It Down Act, which aims to criminalize the distribution of nonconsensual sexually explicit deepfakes, successfully passed the House on Monday and is now awaiting President Trump’s signature.

The bill was approved by the House with a significant vote of 409–2, while 22 members abstained from voting. Representatives Thomas Massie (R-Ky.) and Eric Burlison (R-Mo.) were the only ones to oppose the legislation, as reported by The Hill.

This legislation would establish a federal offense for intentionally posting computer-generated, lifelike pornographic images or videos that seem to portray identifiable real individuals on social media or other online platforms.

Last month, Trump indicated his intention to sign the bill into law.

“The Senate just passed the Take It Down Act. Once it passes the House, I look forward to signing that bill into law,” Trump stated during a joint session of Congress in early March. “And I’m going to use that bill for myself too if you don’t mind, because nobody gets treated worse than I do online, nobody.”

First Lady Melania Trump also expressed her support for the legislation, participating in a roundtable discussion on the bill last month. She quickly commended its passage on Monday evening.

“Today’s bipartisan passage of the Take It Down Act is a powerful statement that we stand united in protecting the dignity, privacy, and safety of our children,” the First Lady remarked in a statement.

The measure was introduced by Senate Commerce Chair Ted Cruz (R-Texas) and Senator Amy Klobuchar (D-Minnesota) in the Senate, while Representatives Elvira Salazar (R-Florida) and Madeline Dean (D-Pennsylvania) led the House version. Cruz celebrated the bill’s approval on Monday, referring to it as a “historic win in the fight to protect victims of revenge porn and deepfake abuse.”

“By requiring social media companies to promptly remove this abusive content, we are alleviating victims from further trauma and holding offenders accountable,” he emphasized in a statement.

Massie utilized the X platform to articulate his opposition to the measure, stating, “I’m voting NO because I feel this is a slippery slope, ripe for abuse, with unintended consequences.”

This legislation marks the first youth online safety bill to successfully pass through Congress this session, providing lawmakers with a rare achievement after similar proposals faced setbacks last year. Advocates for tech safety and families have dedicated years to lobbying for laws such as the Take It Down Act, which seeks to hold technology companies accountable for the harms social media inflicts on children, as reported by The Hill.

Numerous advocates for online safety are supporting the Kids Online Safety Act (KOSA), which aims to set regulations for the features that technology and social media companies provide to children.

Although the Senate approved KOSA with a vote of 91–3 in the last session, it encountered delays in the House due to concerns from GOP leadership that it might infringe upon free speech rights.

While some legislators express concern that Trump’s connections to Big Tech could lead him to oppose the legislation, Senator Ted Cruz informed The Hill last month that he does not anticipate this happening, as stated by The Hill.

“Every discussion I’ve had with the Trump administration regarding this issue has demonstrated a commitment to safeguarding free speech and eliminating Big Tech censorship,” he remarked, highlighting the support from the president and first lady for the Take It Down Act.

Certain technology policy organizations, including Americans for Responsible Innovation (ARI), an AI advocacy group, praised the bill’s passage.

“For the first time in years, Congress is enacting legislation aimed at protecting vulnerable communities online and mandating that tech giants improve their practices,” ARI President Brad Carson stated. “This bill is poised to make a significant impact on the lives of victims and prevent another generation from being targeted by non-consensual intimate deepfakes.”

Conversely, others expressed concerns that the legislation might ultimately suppress free speech.

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