HB6334, titled the Deepfake Liability Act, would amend Section 230 of the Communications Act and the TAKE IT DOWN Act to create new obligations for online platforms dealing with cyberstalking and intimate privacy violations. The bill narrows the scope of Section 230 immunity by conditioning it, for these categories of content, on a provider maintaining a reasonable process to prevent harm, respond to notices, preserve limited data for legal proceedings, and remove unlawful material or court-determined unlawful content. It also expands the definition of information content provider to include creation or development through solicitation, encouragement, or use of a generative model.
The bill further revises the TAKE IT DOWN Act to cover both nonconsensual intimate imagery and cyberstalking-related content. It defines “sexually explicit digital forgery” more specifically, removes certain exceptions, and requires covered platforms to maintain a notice-and-removal process for affected individuals. Platforms would have to provide clear notice, accept valid removal requests, and remove the material within 48 hours, including making reasonable efforts to remove identical copies. The bill also directs the Federal Trade Commission, in consultation with the FCC and, as appropriate, the Attorney General, to issue implementing regulations within 180 days, and states that the amendments apply prospectively to content made available after enactment.
If enacted, the bill would materially alter federal law governing online intermediary liability by carving out cyberstalking and intimate privacy violations from the broad protections of Section 230 unless platforms adopt specified safety and response procedures. It would also expand and operationalize the TAKE IT DOWN Act’s notice-and-removal framework, creating new compliance duties for public-facing websites, online services, online applications, and mobile applications, while excluding broadband providers, email, messaging services, and data storage services. The bill would affect platform moderation practices, data retention practices, and legal remedies for victims of nonconsensual intimate imagery, deepfakes, and cyberstalking content.
The available context shows a neutral-to-supportive legislative posture, but there is limited procedural evidence because the bill was only introduced and referred to the House Committee on Energy and Commerce. No committee transcript or recorded votes are provided, so there is no documented floor debate or formal vote history to indicate broader partisan or stakeholder sentiment. The bill’s framing suggests a policy emphasis on victim protection, platform accountability, and deepfake harms.
The main points of potential contention are likely to be the bill’s narrowing of Section 230 protections, the speed and scope of the 48-hour removal requirement, and the compliance burden placed on platforms to identify and remove identical copies of flagged content. Another likely issue is the bill’s treatment of generative AI and “sexually explicit digital forgery,” which may raise concerns about overbreadth, mistaken takedowns, or First Amendment implications. The bill attempts to address some of these concerns by requiring a good-faith process, limiting liability for good-faith removals, and including an explicit rule of construction preserving First Amendment rights, but no recorded opposition or support is available in the provided materials.