This legislation, known as the PROTECT Act of 2026, establishes new requirements for online platforms and users regarding the uploading of pornographic images, specifically targeting the non-consensual distribution of intimate visual depictions. It defines a "covered platform" as a website or application primarily hosting user-generated content or regularly publishing intimate visual depictions, excluding services like email or broadband. The bill imposes significant verification obligations on covered platforms. They must verify that users uploading pornographic images are at least 18 years old and confirm their identity using methods beyond simple self-attestation. More critically, platforms must verify that all individuals depicted in a pornographic image were 18 or older at the time of creation and provided explicit written consent for both the specific sex acts performed and the distribution of that particular image. To ensure valid consent, platforms are required to obtain an Attorney General-approved consent form and matching government-issued identification from each depicted individual. Users are also explicitly prohibited from uploading pornographic images without the consent of the depicted individual. Violations by platforms can lead to civil penalties of up to $10,000 per day per image , while aggrieved individuals can sue both platforms and users for similar damages or actual damages. Furthermore, individuals who violate these provisions face criminal penalties, including imprisonment for up to 5 years for an initial offense and up to 10 years for subsequent offenses. The bill also amends existing law to require platforms to prevent the re-upload of removed non-consensual intimate visual depictions.
Read twice and referred to the Committee on the Judiciary.
PROTECT Act of 2026
USA119th CongressS-5129| Senate
| Updated: 7/23/2026
This legislation, known as the PROTECT Act of 2026, establishes new requirements for online platforms and users regarding the uploading of pornographic images, specifically targeting the non-consensual distribution of intimate visual depictions. It defines a "covered platform" as a website or application primarily hosting user-generated content or regularly publishing intimate visual depictions, excluding services like email or broadband. The bill imposes significant verification obligations on covered platforms. They must verify that users uploading pornographic images are at least 18 years old and confirm their identity using methods beyond simple self-attestation. More critically, platforms must verify that all individuals depicted in a pornographic image were 18 or older at the time of creation and provided explicit written consent for both the specific sex acts performed and the distribution of that particular image. To ensure valid consent, platforms are required to obtain an Attorney General-approved consent form and matching government-issued identification from each depicted individual. Users are also explicitly prohibited from uploading pornographic images without the consent of the depicted individual. Violations by platforms can lead to civil penalties of up to $10,000 per day per image , while aggrieved individuals can sue both platforms and users for similar damages or actual damages. Furthermore, individuals who violate these provisions face criminal penalties, including imprisonment for up to 5 years for an initial offense and up to 10 years for subsequent offenses. The bill also amends existing law to require platforms to prevent the re-upload of removed non-consensual intimate visual depictions.