House Passes Take It Down Act, Criminalizing Posting of Non-Consensual Sexual Explicit Photos

The House of Representatives passed the Take It Down Act, which criminalizes the posting of real and AI-generated sexually explicit photos without a person’s consent.

In a 409-2 vote, the House passed a bill, introduced by Sen. Ted Cruz (R-TX), that would “require covered platforms to remove nonconsensual intimate visual depictions, and for other purposes.”

The Take It Down Act “generally prohibits the nonconsensual online publication of intimate visual depictions of individuals, both authentic and computer-generated, and requires certain online platforms to promptly remove such depictions upon receiving notice of their existence,” a summary of the bill says.

The bill, which has been supported by first lady Melania Trump, is also co-sponsored by Sens. Amy Klobuchar (D-MN), Bill Cassidy (R-LA), Cory Booker (D-NJ), John Barrasso (R-WY), Marsha Blackburn (R-TN), Tim Sheehy (R-MT), and Raphael Warnock (D-GA), among others.

In an interview with ABC News prior to the bill’s passage, Cruz was asked “how often” lawmakers are working “across party lines.” Cruz explained the Take It Down Act “protects the victims of these non-consensual intimate images,” and he highlighted that the bill’s passage is a “huge bipartisan victory.”

“Well, actually a lot more than you would think,” Cruz answered. “My legislation, the Take It Down Act — it’s already passed the Senate 100-0. Tonight it’s going to pass the House of Representatives, and President Trump is going to sign it into law. It protects the victims of these non-consensual intimate images, it also gives you a right to demand that that garbage be taken down, because many of the tech platforms refuse to take the content down. This gives a legal right, and it protects young girls and young women, and it’s a huge bipartisan victory that we’re winning tonight.”

Breitbart News reported in March that, during a roundtable discussion regarding the Take It Down Act, Melania Trump called out the lack of Democrat lawmakers present of the roundtable, noting that, as adults, they should be prioritizing “America’s children ahead of partisan politics.”

“I’m here with you today with a common goal, to protect our youth from online harm,” the first lady said. “The widespread presence of abusive behavior in the digital domain affects the daily lives of our children, families and communities. Addressing this issue is essential for fostering a safe, and supportive environment for our young people.”

Cruz has shared that the bill was inspired by Elliston Berry and her mother, who came to him for help “after Snapchat refused” for almost a year to remove an AI-generated non-consensual graphic image of Berry.

In response to the passage of the Take It Down Act, the first lady expressed that she is “honored to have contributed to guiding” the legislation through Congress.

“PASSED: Take It Down Act,” Trump wrote a post on X. “Advancing this legislation has been a key focus since I  returned to my role as First Lady this past January. I am honored to have contributed to guiding it through Congress.”

“By safeguarding children from hurtful online behavior today, we take a vital step in nurturing our leaders of tomorrow,” Trump added.