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Congress passed the Take It Down Act to prohibit the non-consensual publication of intimate images, including those made with AI

The legislation had the public backing of Melania Trump, who claimed its passage was a "key goal" since her return as first lady.

Melania Trump at the White House/ Brendan Smialowski.

Melania Trump at the White House/ Brendan Smialowski.AFP

Joaquín Núñez
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Congress passed the Tools to Address Known Exploitation by Immobilizing Technological Deepfakes on Websites and Networks (Take It Down) Act. The legislation already had Senate approval and now passed in the House of Representatives by a huge bipartisan majority, thus heading to President Donald Trump's desk.

The bill also had the public backing of Melania Trump, who celebrated the passage on her social media.  "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," the first lady wrote on her X account.

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

The legislation advanced unanimously in the Senate, where Ted Cruz (R-TX) and Amy Klobuchar (D-MN) were its sponsors. In turn, María Elvira Salazar (R-FL) and Madeleine Dean (D-PA) were responsible for pushing it through the House.

"This is a historic day for parents and children facing unprecedented new challenges with technology. My TAKE IT DOWN Act will finally give innocent victims real protection from online exploitation. Websites and platforms like Snapchat, Instagram, and TikTok must remove fake, compromising pornographic images within 48 hours or face consequences. No more inaction. No more excuses: if you exploit an innocent child, you will face jail time," Salazar expressed.

As for the first lady, she held a roundtable at the White House in early March to raise awareness of the law's benefits, including promoting it in Congress.

What does the Take It Down Act do?

Specifically, it prohibits the non-consensual publication of intimate visual depictions, including digital forgeries, including fines, prison sentences and mandatory restitution, especially when such content is intended to harm adults or exploit minors.

In addition, it requires online platforms to remove non-consensual intimate images within 48 hours of the request, criminalizing the harmful creation and distribution of images.

In turn, to avoid running afoul of the First Amendment, the law is drafted to apply only to sexually explicit material and not to speech in general on social media. Major platforms, such as X, Meta and TikTok, backed the bill's passage.

Mike Johnson, speaker of the House of Representatives, also came out in favor of the bill's passage, congratulating the first lady in particular. "I want to thank First Lady Melania Trump for championing this important legislation that empowers and provides protections to victims of online sexual exploitation. It also criminalizes the publication of nonconsensual intimate images and mandates their removal from online platforms once reported," he said.

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