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Adds a statutory definition of “obscene” for visual depictions to the Communications Act of 1934 using a three-part test: (1) prurient appeal, (2) depiction of sexual acts or sexual contact intended to arouse, and (3) lack of serious literary, artistic, political, educational, or scientific value; it also updates related technical language elsewhere in the Act and relies on Title 18 for the meanings of “sexual act” and “sexual contact.” This change is primarily definitional but could affect how broadcasters, online platforms, and other communications providers interpret and moderate visual content and how regulators or courts evaluate claims about obscene material under the Act.
Redesignate existing paragraphs (38) through (59) of section 3 of the Communications Act of 1934 as paragraphs (39) through (60), respectively.
Insert a new paragraph (38) into section 3 of the Communications Act defining the terms “Obscene” and “obscenity” when referring to pictures, images, graphic image files, films, videotapes, or other visual depictions. The definition contains a three-part test: (i) taken as a whole, appeals to the prurient interest in nudity, sex, or excretion; (ii) depicts, describes, or represents an actual or simulated sexual act or sexual contact (including normal or perverted sexual acts) or lewd exhibition of the genitals, with the objective intent to arouse, titillate, or gratify a person’s sexual desires; and (iii) taken as a whole, lacks serious literary, artistic, political, or scientific value.
For purposes of the new obscene/obscenity definition, the terms “sexual act” and “sexual contact” are given the meanings provided in 18 U.S.C. 2246.
Make a technical and conforming amendment to section 271(c)(1)(A) of the Communications Act by striking “section 3(47)(A)” and inserting “section 3(55)(A)”.
Amend section 223(a)(1)(A) of the Communications Act of 1934 by striking text in the undesignated matter following clause (ii). (The excerpted text shows the amendment action but does not display the specific text to be struck.)
Who is affected and how:
Platform operators (broadcasters, social media and other online platforms, hosting services) — will likely need to review and possibly revise content-moderation policies, terms of service, and compliance guidance to account for a statutory definition of "obscene" visual material. Platforms could face increased regulatory scrutiny or administrative inquiries where Communications Act obligations intersect with content classification.
Platform users and content creators — creators of visual material (including photographers, filmmakers, artists, educators) may face greater uncertainty about whether particular visual content could be considered "obscene" under the Communications Act. This may cause some creators or platforms to remove or restrict content out of caution (a chilling effect), particularly material that falls near the boundaries of the three-part test (e.g., sexually explicit art, sex education, certain health-related depictions).
Common carriers and other entities regulated under the Communications Act — entities that operate under the Act’s provisions could see administrative or compliance implications if regulators apply the new statutory definition in enforcement, licensing, or rulemaking contexts.
Consumers and the public — may see changes in availability of certain visual content on regulated services, depending on how providers update policies and how aggressively regulators or private parties press claims.
Courts and legal counsel — may see new litigation over the precise scope and application of the three-part test as applied to visual depictions under the Communications Act and how that standard intersects with First Amendment jurisprudence and existing criminal-law definitions from Title 18.
Overall impact: the change is legal/administrative rather than financial. It clarifies statutory language but raises practical questions about enforcement and free-speech boundaries that could produce regulatory guidance, agency actions, or court decisions. No direct federal spending, tax, or emergency mandates are created by the amendment as presented.
Expand sections to see detailed analysis
Redesignates existing paragraphs (38) through (59) as (39) through (60) and inserts a new paragraph (38) defining the terms "Obscene; obscenity," including subcriteria (A)(i)–(iii) and cross-referencing 18 U.S.C. 2246 for "sexual act" and "sexual contact."
Replaces the cross-reference text "section 3(47)(A)" with "section 3(55)(A)" in section 271(c)(1)(A).
Strikes specified text in the undesignated matter following clause (ii) of 47 U.S.C. 223(a)(1)(A).
Read twice and referred to the Committee on Commerce, Science, and Transportation.
Introduced May 8, 2025 by Mike Lee · Last progress May 8, 2025
Read twice and referred to the Committee on Commerce, Science, and Transportation.
Introduced in Senate