House Passes "Take It Down Act," Making Revenge Porn and Deepfake Sexual Imagery Federal Crimes

The U.S. House of Representatives passed the "Take It Down Act" on Monday, making it a federal crime to post real or fake sexually explicit imagery online without the consent of the individuals involved. The bipartisan bill sailed through the lower chamber with a near-unanimous vote of 409-2, with both dissenting votes coming from Republicans. The Senate had already unanimously approved the measure in February, clearing the way for the legislation to be sent to the President's desk. The "Take It Down Act" mandates that social media companies and other websites must remove such content within 48 hours upon receiving a removal request from the victim. Senator Ted Cruz, a Republican from Texas and the bill's primary sponsor, emphasized the urgency and significance of the act during a March 3 roundtable discussion. He shared a poignant story about Elliston Berry, a teenager whose classmate used an app to create and distribute explicit images of her. Despite Berry’s mother repeatedly asking Snapchat to remove the material, the company did not comply until the case reached Cruz's office. "It should not take a sitting senator or member of Congress picking up the phone to get a picture or video taken down," Cruz stated, highlighting the inefficiencies in current systems for addressing such issues. The bill aims to streamline the process, ensuring that victims can swiftly reclaim control over their personal images. First Lady Melania Trump, who rarely makes public appearances, joined the roundtable to advocate for the bill's passage. She expressed sympathy for young teens, particularly girls, facing the devastating impact of malicious online content, including deepfake images. “This toxic environment can be severely damaging,” she said, underscoring the psychological toll on victims. Following the House’s approval, Mrs. Trump praised the bipartisan effort, stating, “I am thankful to the Members of Congress in both the House and Senate who voted to protect the well-being of our youth. This powerful statement shows that we stand united in protecting the dignity, privacy, and safety of our children.” The FBI has reported a disturbing trend of victims being extorted online, with some cases leading to suicidal outcomes. Lawmakers hope that the "Take It Down Act" will not only provide victims with legal recourse but also prevent further harm. Republican Representative Maria Elvira Salazar of Florida, a cosponsor of the bill in the House, highlighted its mission during floor debate: “It stops cyber abuse. It prevents the bullying of one child against another, and even more importantly, it helps prevent suicide born out of shame.” Tech giants, including Meta (which owns Facebook and Instagram), TikTok, and Snapchat, have voiced their support for the legislation. However, digital rights groups have raised concerns about potential unintended consequences, such as the suppression of lawful speech and the vulnerability to bad-faith takedown requests. They argue that the bill may inadvertently restrict legitimate content and lack sufficient safeguards to protect free expression. Despite these reservations, the overwhelming support from lawmakers reflects a growing consensus on the need to combat online sexual exploitation and protect victims' privacy. If signed into law, the "Take It Down Act" could set a crucial precedent in the digital age, providing a framework for swift and effective removal of harmful content and offering essential support to those affected.