On Monday, the House passed a strongly bipartisan law aimed at criminalizing the non-consensual sharing of sexually explicit photos and videos that include AI-generated imagery, commonly referred to as “deepfakes.”
The legislation, which cleared with a vote of 409 to 2, is expected to be signed by President Trump soon.
Known as the Take It Down Act, this law is designed to combat what is termed “Revenge Porn.” Under its provisions, social media companies and online platforms must remove such images within two days of receiving notification.
The bill saw bipartisan support, uniting conservatives and other parties alike, and it passed the Senate unanimously in February. Trump’s endorsement, highlighted in his joint address to Congress last month, appears to have facilitated its passage.
co-sponsored by Sen. Ted Cruz, a Republican from Texas, and Democrat Amy Klobuchar from Minnesota, it marks the first significant Internet Content Act to pass Congress since 2018, following prior legislation aimed at combating online sex trafficking. While concentrating on revenge porn and deepfakes, this bill indicates a crucial step towards holding internet companies accountable, which have largely evaded governmental oversight for years.
The strong backing for the Take It Down Act underscores the growing frustration among legislators regarding social media platforms like Facebook, Instagram, and X.
Revenge porn and deepfakes affect individuals of all ages, particularly impacting teenage girls, as the proliferation of “nudification” apps allows boys to secretly create and distribute sexually explicit images of female classmates.
Rep. Maria Elvira Salazar, a Republican from Florida, introduced a parallel bill in the House and stated on Monday that this legislation aims to prevent the rampant abuse and harassment faced by young girls online.
“Using the likenesses, voices, and images of young, susceptible women to manipulate, coerce, and publicly humiliate them for amusement or revenge is utterly reprehensible,” said Salazar.
Such legislation has been frequently attempted in various states across the nation, and although South Carolina lacks specific laws against revenge porn, at least 20 other states have enacted measures addressing sexually explicit deepfakes.
The measures passed on Monday are part of ongoing bipartisan efforts by lawmakers to tackle deepfake pornography. Cruz and Klobuchar first introduced the bill last year, but it did not advance in a Republican-led House. Reintroduced this year, it gained traction after receiving endorsement from first lady Melania Trump.
Last year, Alexandria Ocasio-Cortez, a younger Democratic congresswoman from New York, proposed legislation enabling individuals depicted in sexually explicit deepfakes to sue creators and distributors of such content. This bill has not been reintroduced this year.
Legislators have recently focused on several bills aimed at safeguarding children from online sexual exploitation, bullying, and harmful algorithms. In January 2024, executives from Meta, TikTok, and other tech firms faced tough questions from lawmakers as they defended their platforms.
During these hearings, Meta CEO Mark Zuckerberg was compelled to apologize to parents who had lost children to online dangers.
However, some advocates for free speech caution that such measures could stifle legitimate expression, arguing that similar laws might inadvertently lead to the removal of both lawful and unlawful content.
“Despite the good intentions, the potentially harmful effects of the bill on constitutional rights to free speech and privacy online cannot be overlooked,” stated Becca Branham, assistant director of the Free Expression Project at the Center for Democracy Technology, a research organization.
Branham also remarked that the Take It Down Act serves as “a potentially weaponized enforcement tool that endangers meaningful progress in the battle against image-based sexual abuse.”
Source: www.nytimes.com
