I 
118TH CONGRESS 
2D SESSION 
H. R. 8989 
To require covered platforms to remove nonconsensual intimate visual 
depictions, and for other purposes. 
IN THE HOUSE OF REPRESENTATIVES 
JULY 10, 2024 
Ms. SALAZAR (for herself, Ms. DEAN of Pennsylvania, Mr. PFLUGER, Ms. 
PLASKETT, Mr. BUCHANAN, and Mrs. DINGELL) introduced the following 
bill; which was referred to the Committee on Energy and Commerce 
A BILL 
To require covered platforms to remove nonconsensual 
intimate visual depictions, and for other purposes. 
Be it enacted by the Senate and House of Representa-
tives of the United States of America in Congress assembled, 
SECTION 1. SHORT TITLE. 
This Act may be cited as the ‘‘Tools to Address 
Known Exploitation by Immobilizing Technological 
Deepfakes on Websites and Networks Act’’ or the ‘‘TAKE 
IT DOWN Act’’. 
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SEC. 2. CRIMINAL PROHIBITION ON INTENTIONAL DISCLO-
SURE OF NONCONSENSUAL INTIMATE VISUAL 
DEPICTIONS. 
(a) IN GENERAL.—Section 223 of the Communica-
tions Act of 1934 (47 U.S.C. 223) is amended— 
(1) by redesignating subsection (h) as sub-
section (i); and 
(2) by inserting after subsection (g) the fol-
lowing: 
‘‘(h) INTENTIONAL DISCLOSURE
OF NONCONSEN-
SUAL INTIMATE VISUAL DEPICTIONS.— 
‘‘(1) DEFINITIONS.—In this subsection: 
‘‘(A) 
CONSENT.—The 
term 
‘consent’ 
means an affirmative, conscious, and voluntary 
authorization made by an individual free from 
force, fraud, duress, misrepresentation, or coer-
cion. 
‘‘(B) DEEPFAKE.—The term ‘deepfake’ 
means a video or image that is generated or 
substantially modified using machine-learning 
techniques or any other computer-generated or 
machine-generated means to falsely depict an 
individual’s appearance or conduct within an in-
timate visual depiction. 
‘‘(C) IDENTIFIABLE INDIVIDUAL.— 
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‘‘(i) IN GENERAL.—The term ‘identifi-
able individual’ means an individual— 
‘‘(I) who appears in whole or in 
part in an intimate visual depiction; 
and 
‘‘(II) whose face, likeness, or 
other distinguishing characteristic (in-
cluding a unique birthmark or other 
recognizable feature) is displayed in 
connection with such intimate visual 
depiction. 
‘‘(ii) 
APPEARS.—For 
purposes 
of 
clause (i), an individual appears in an inti-
mate visual depiction if— 
‘‘(I) the individual is actually the 
individual identified in the intimate 
visual depiction; or 
‘‘(II) a deepfake of the individual 
is used to realistically depict the indi-
vidual such that a reasonable person 
would believe the individual is actually 
depicted in the intimate visual depic-
tion. 
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‘‘(D) INTERACTIVE COMPUTER SERVICE.— 
The term ‘interactive computer service’ has the 
meaning given the term in section 230. 
‘‘(E) INTIMATE VISUAL DEPICTION.—The 
term ‘intimate visual depiction’ has the mean-
ing given such term in section 1309 of the Con-
solidated Appropriations Act, 2022 (15 U.S.C. 
6851). 
‘‘(F) MINOR.—The term ‘minor’ means 
any individual under the age of 18 years. 
‘‘(2) OFFENSE.— 
‘‘(A) INVOLVING ADULTS.—Except as pro-
vided in subparagraph (C), it shall be unlawful 
for any person, in interstate or foreign com-
merce, to use an interactive computer service to 
knowingly publish an intimate visual depiction 
of an identifiable individual who is not a minor 
if— 
‘‘(i) the intimate visual depiction was 
obtained or created under circumstances in 
which the person knew or reasonably 
should have known the identifiable indi-
vidual had a reasonable expectation of pri-
vacy; 
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‘‘(ii) what is depicted was not volun-
tarily exposed by the identifiable individual 
in a public or commercial setting; 
‘‘(iii) what is depicted is not a matter 
of public concern; and 
‘‘(iv) publication of the intimate visual 
depiction— 
‘‘(I) is intended to cause harm; 
or 
‘‘(II) causes harm, including psy-
chological, financial, or reputational 
harm, to the identifiable individual. 
‘‘(B) INVOLVING MINORS.—Except as pro-
vided in subparagraph (C), it shall be unlawful 
for any person, in interstate or foreign com-
merce, to use an interactive computer service to 
knowingly publish an intimate visual depiction 
of an identifiable individual who is a minor with 
intent to— 
‘‘(i) abuse, humiliate, harass, or de-
grade the minor; or 
‘‘(ii) arouse or gratify the sexual de-
sire of any person. 
‘‘(C) EXCEPTIONS.—Subparagraphs (A) 
and (B) shall not apply to— 
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‘‘(i) a lawfully authorized investiga-
tive, protective, or intelligence activity of— 
‘‘(I) a law enforcement agency of 
the United States, a State, or a polit-
ical subdivision of a State; or 
‘‘(II) an intelligence agency of 
the United States; 
‘‘(ii) a disclosure made reasonably and 
in good faith— 
‘‘(I) to a law enforcement officer 
or agency; 
‘‘(II) as part of a document pro-
duction or filing associated with a 
legal proceeding; 
‘‘(III) as part of medical edu-
cation, diagnosis, or treatment or for 
a legitimate medical, scientific, or 
education purpose; or 
‘‘(IV) in the reporting of unlaw-
ful content or unsolicited or unwel-
come conduct or in pursuance of a 
legal, professional, or other lawful ob-
ligation; or 
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from any gross proceeds of the violation, or 
any property traceable to such property, 
obtained or retained directly or indirectly 
as a result of the violation; and 
‘‘(iii) any personal property of the 
person used, or intended to be used, in any 
manner or part, to commit or to facilitate 
the commission of the violation. 
‘‘(B) PROCEDURES.—Section 413 of the 
Controlled Substances Act (21 U.S.C. 853), 
with the exception of subsections (a) and (d), 
shall apply to the criminal forfeiture of property 
under subparagraph (A). 
‘‘(7) RESTITUTION.—The court shall order res-
titution for an offense under paragraph (2) in the 
same manner as under section 2264 of title 18, 
United States Code.’’. 
(b) DEFENSES.—Section 223(e)(1) of the Commu-
nications Act of 1934 (47 U.S.C. 223(e)(1)) is amended 
by striking ‘‘or (d)’’ and inserting ‘‘, (d), or (h)’’. 
(c) TECHNICAL AND CONFORMING AMENDMENT.— 
Subsection (i) of section 223 of the Communications Act 
of 1934 (47 U.S.C. 223), as so redesignated by subsection 
(a), is amended by inserting ‘‘DEFINITIONS.—’’ before 
‘‘For purposes of this section’’. 
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SEC. 3. NOTICE AND REMOVAL OF NONCONSENSUAL INTI-
MATE VISUAL DEPICTIONS. 
(a) IN GENERAL.— 
(1) NOTICE AND REMOVAL PROCESS.— 
(A) ESTABLISHMENT.—Not later than 1 
year after the date of enactment of this Act, a 
covered platform shall establish a process 
whereby an identifiable individual (or an au-
thorized representative of such individual) 
may— 
(i) notify the covered platform of an 
intimate visual depiction published on the 
covered platform that— 
(I) includes a depiction of the 
identifiable individual; and 
(II) was published without the 
consent of the identifiable individual; 
and 
(ii) submit a request for the covered 
platform to remove such intimate visual 
depiction. 
(B) REQUIREMENTS.—A notification and 
request for removal of an intimate visual depic-
tion submitted under the process established 
under subparagraph (A) shall include, in writ-
ing— 
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(i) a physical or electronic signature 
of the identifiable individual (or an author-
ized representative of such individual); 
(ii) an identification of the intimate 
visual depiction of the identifiable indi-
vidual; and 
(iii) a brief statement that the identi-
fiable individual has a good faith belief 
that any intimate visual depiction identi-
fied under clause (ii) is not consensual, in-
cluding any relevant information for the 
covered platform to determine the intimate 
visual depiction was published without the 
consent of the identifiable individual. 
(2) NOTICE OF PROCESS.—A covered platform 
shall provide on the platform a clear and con-
spicuous notice of the notice and removal process es-
tablished under paragraph (1)(A). 
(3) REMOVAL OF NONCONSENSUAL INTIMATE 
VISUAL
DEPICTIONS.—Upon receiving a valid re-
moval request from an identifiable individual (or an 
authorized representative of such individual) using 
the process described in paragraph (1)(A)(ii), a cov-
ered platform shall remove the intimate visual depic-
tion and make reasonable efforts to remove any 
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identical copies of such depiction as soon as possible, 
but not later than 48 hours after receiving such re-
quest. 
(4) LIMITATION ON LIABILITY.—A covered plat-
form shall not be liable for any claim based on the 
covered platform’s good faith disabling of access to, 
or removal of, material claimed to be a nonconsen-
sual intimate visual depiction based on facts or cir-
cumstances from which the unlawful publishing of 
an intimate visual depiction is apparent, regardless 
of whether the intimate visual depiction is ultimately 
determined to be unlawful or not. 
(b) ENFORCEMENT BY THE COMMISSION.— 
(1) UNFAIR
OR
DECEPTIVE
ACTS
OR
PRAC-
TICES.—A violation of this section shall be treated 
as a violation of a rule defining an unfair or a de-
ceptive act or practice under section 18(a)(1)(B) of 
the Federal Trade Commission Act (15 U.S.C. 
57a(a)(1)(B)). 
(2) POWERS OF THE COMMISSION.— 
(A) IN GENERAL.—Except as provided in 
subparagraph (D), the Commission shall en-
force this section in the same manner, by the 
same means, and with the same jurisdiction, 
powers, and duties as though all applicable 
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terms and provisions of the Federal Trade 
Commission Act (15 U.S.C. 41 et seq.) were in-
corporated into and made a part of this section. 
(B) PRIVILEGES
AND
IMMUNITIES.—Any 
person who violates this Act shall be subject to 
the penalties and entitled to the privileges and 
immunities provided in the Federal Trade Com-
mission Act (15 U.S.C. 41 et seq.). 
(C) AUTHORITY PRESERVED.—Nothing in 
this Act shall be construed to limit the author-
ity of the Federal Trade Commission under any 
other provision of law. 
(D) SCOPE
OF
JURISDICTION.—Notwith-
standing sections 4, 5(a)(2), or 6 of the Federal 
Trade Commission Act (15 U.S.C. 44, 45(a)(2), 
46), or any jurisdictional limitation of the Com-
mission, the Commission shall also enforce this 
section in the same manner provided in sub-
paragraph (A), with respect to organizations 
that are not organized to carry on business for 
their own profit or that of their members. 
SEC. 4. DEFINITIONS. 
In this Act: 
(1) COMMISSION.—The term ‘‘Commission’’ 
means the Federal Trade Commission. 
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(2) CONSENT; DEEPFAKE; IDENTIFIABLE INDI-
VIDUAL; INTIMATE VISUAL DEPICTION.—The terms 
‘‘consent’’, ‘‘deepfake’’, ‘‘identifiable individual’’, 
‘‘intimate visual depiction’’, and ‘‘minor’’ have the 
meaning given such terms in section 223(h) of the 
Communications Act of 1934 (47 U.S.C. 223), as 
added by section 2. 
(3) COVERED PLATFORM.— 
(A) IN
GENERAL.—The term ‘‘covered 
platform’’ means a website, online service, on-
line application, or mobile application that— 
(i) serves the public; and 
(ii) primarily provides a forum for 
user-generated content, including mes-
sages, videos, images, games, and audio 
files. 
(B) EXCLUSIONS.—The term ‘‘covered 
platform’’ shall not include the following: 
(i) A provider of broadband internet 
access service (as described in section 
8.1(b) of title 47, Code of Federal Regula-
tions, or successor regulation). 
(ii) Electronic mail. 
(iii) An online service, application, or 
website— 
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(I) that consists primarily of con-
tent that is not user generated but is 
preselected by the provider of such on-
line service, application, or website; 
and 
(II) for which any chat, com-
ment, or interactive functionality is 
incidental to, directly related to, or 
dependent on the provision of the con-
tent described in subclause (I). 
Æ 
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