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Redesignates existing paragraphs (38) through (59) as paragraphs (39) through (60) and inserts a new paragraph (38) defining the terms "Obscene; obscenity," including criteria for visual depictions and cross-referencing 18 U.S.C. 2246 for "sexual act" and "sexual contact."
Revises an internal cross-reference by striking "section 3(47)(A)" and inserting "section 3(55)(A)."
Strikes specified undesignated matter following clause (ii) of subsection (a)(1)(A).
Adds a legal definition of “obscene” for visual depictions into the Communications Act of 1934 and makes technical, conforming changes to other parts of that Act. The new definition sets out three criteria a visual depiction must meet to be considered obscene and refers to the federal criminal code for the meanings of “sexual act” and “sexual contact.” The measure also updates cross-references and amends a provision of section 223 to reflect the new definition.
Redesignate paragraphs (38) through (59) of section 3 of the Communications Act of 1934 as paragraphs (39) through (60), respectively.
Insert after paragraph (37) of section 3 a new paragraph (38) titled “Obscene; obscenity” that defines the terms when used in a manner or context that explicitly refers to, or could apply to, a picture, image, graphic image file, film, videotape, or other visual depiction.
Under the new paragraph (38)(A)(i): the visual depiction, taken as a whole, appeals to the prurient interest in nudity, sex, or excretion.
Under the new paragraph (38)(A)(ii): the visual depiction depicts, describes, or represents an actual or simulated sexual act or sexual contact, actual or simulated normal or perverted sexual acts, or lewd exhibition of the genitals, with the objective intent to arouse, titillate, or gratify the sexual desires of a person.
Under the new paragraph (38)(A)(iii): the visual depiction, taken as a whole, lacks serious literary, artistic, political, or scientific value.
Who is affected and how:
Platform operators and online services: Platforms and online intermediaries that host or transmit visual content will be directly affected because the Communications Act will now include an explicit statutory definition of "obscene" visual depictions. Platforms may need to review and, if necessary, revise content policies, moderation guidelines, and automated filters to reflect the statutory criteria.
Telecommunications and broadband service providers / common carriers: Entities regulated under the Communications Act may see changes to how certain content is classified under communications law; they will need to ensure internal compliance and update legal interpretations and procedures where the Act's definitions matter.
Platform users and content creators: Creators and users who publish or share visual material could see altered enforcement outcomes if platforms or regulators apply the new statutory definition when deciding removals, restrictions, or referrals to law enforcement.
Children and families / public consumers: Because obscenity definitions often affect access restrictions, parents and other caregivers could see changes in how services block or label certain visual material; consumers may encounter different content controls or warnings.
Law enforcement and courts: The bill references federal criminal-code definitions for key terms, which may affect legal interpretations and coordination between communications-law enforcement and criminal enforcement. Courts may be asked to interpret the new statutory definition in disputes involving content transmitted via communications networks.
Overall effects and risks:
No funding, timelines, or explicit enforcement mechanisms are specified in the provided text.
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Referred to the House Committee on Energy and Commerce.
Introduced May 8, 2025 by Mary E. Miller · Last progress May 8, 2025
Referred to the House Committee on Energy and Commerce.
Introduced in House
