Sponsors
The bill trades clearer, administrable definitions and easier prosecution against a substantially broadened enforcement sweep and higher risk of takedowns or penalties for creators, ordinary speakers, and platforms, raising free‑speech and compliance concerns.
Internet platforms and telecom providers (tech workers and platform operators) get a clearer statutory definition of visual obscenity, reducing legal uncertainty about which visual content is regulated and aiding compliance decisions.
Federal agencies and administrators avoid confusion from an outdated citation (paragraph renumbering) because the bill updates the reference, easing administrative compliance.
Children, youth, and families may see simpler prosecution of certain harmful communications because removing an intent requirement in the harassment provision lets enforcement focus on the prohibited act rather than proving intent.
Artists, creators, and people who view sexual or artistic visual content (including people with disabilities and families) face broader takedowns, increased criminal exposure, and chilling of legitimate expression because the bill narrows obscenity to visual depictions with an objective arousal test.
Platforms, telecom providers, and their technical staff will face expanded regulatory scope and greater compliance and enforcement complexity because the bill relies on 18 U.S.C. §2246 definitions (which can encompass simulated sexual acts), increasing moderation burdens and legal risk.
Young adults, ordinary speakers, and families face a higher risk of criminal or civil penalties because removing the intent element in the harassment provision lowers the threshold for enforcement and could capture non-malicious communications.
Based on analysis of 2 sections of legislative text.
Adds a new visual-focused federal definition of "obscene" and removes a stated intent-to-harass requirement from a Communications Act provision.
Introduced May 8, 2025 by Mary E. Miller · Last progress May 8, 2025
Creates a new, federal definition of “obscene” that applies specifically to visual depictions (pictures, images, graphics, films) by setting a three-part test focused on prurient appeal, depiction of sexual acts or lewd exhibition with an objective intent to arouse, and lack of serious value. It adds cross-references to existing federal definitions of “sexual act” and “sexual contact,” and makes a few technical citation and numbering changes in the Communications Act. Also deletes a short phrase from an existing Communications Act provision that had required an intent to “abuse, threaten, or harass another person,” which may change how certain communications offenses are applied or enforced.