In a significant move to combat the growing issue of online image-based sexual abuse, including deepfakes (created by AI) and revenge porn, President Trump recently signed the bipartisan “TAKE IT DOWN Act” into law.
The law aims to address the creation and distribution of explicit digital content shared or created without consent – known as nonconsensual intimate imagery, or NCII.
The “Tools to Address Known Exploitation by Immobilizing Technological Deepfakes on Websites and Networks Act” or TAKE IT DOWN Act was first introduced in 2024, passed by both the Senate and the House in April 2025, and then signed into law on May 19, 2025.
Summary of Key Components of the Law
1. Criminalizes Publishing NCII and Threats to Publish NCII
– Makes it a crime (federal) to threaten to share or knowingly share NCII, including AI-generated images (also called deep fakes) that depict real people
– Clarifies that consent to create an image does not mean consent to share it
2. Requires Swift Removal from Platforms
– Requires websites and other online platforms to remove the content within 48 (forty-eight) hours of a subject’s verified request
– Platforms and websites must also make reasonable efforts to remove duplicates or reposts
– Identifies the Federal Trade Commission (FTC) as the agency with the authority for enforcement
3. Protects Those Acting in Good Faith
– Shields law enforcement, medical professionals, and others who disclose NCII responsibly and ethically
4. Preserves Free Speech
– Targets only the knowing publication of such content
– Excludes lawful speech protected under the First Amendment
What the Law Criminalizes
One of the key components of the Take It Down Act is its criminalization of the distribution of. This includes both authentic visual depictions (i.e. real photos or videos) shared without the subject’s consent – but also images that have been created without consent through techniques like AI or manipulation through editing software and other means.
The law explicitly makes publishing such content illegal. People who violate the new law can face severe consequences, including mandatory restitution and criminal penalties such as prison time or fines, or both.
What Kind of Content is Covered?
The Take It Down Act is specifically tailored to cover sexually explicit images that have been shared or created without the subject’s consent. The definition of sexually explicit content is broad.
For images created through AI, often referred to as “digital forgeries” or deepfakes, the law covers them if they are of an identifiable individual and are “indistinguishable from an authentic visual depiction”.
The definition is designed to be specific and does not apply to all digital forgeries, even potentially explicit ones, with advocates noting some viral fake videos may not qualify.
Removal Requirements for Online Platforms and Websites
In addition to criminal penalties, the TAKE IT DOWN Act imposes requirements on online platforms. It mandates that online platforms implement a request-and-removal system to assist victims of image-based sexual abuse.
Once a victim requests the removal of nonconsensual intimate imagery depicting them, websites are required to take down the content within 48 hours and make efforts to remove copies as well.
This platform removal requirement will be enforced by the Federal Trade Commission (FTC). Online platforms have one year from the date the bill was signed into law to establish this process.
Criminal Penalties
Authentic Images – Threats to Publish or Publishing
- Adult victims – Up to 2 years in prison and fines
- Minor victims – Up to 3 years in prison and fines
Deepfakes (AI) – Publishing
- Adult victims – Up to 2 years in prison and fines
- Minor victims – Up to 3 years in prison and fines
Deepfakes (AI) – Threats to Publish
- Adult victims – Up to 18 months in prison and fines
- Minor victims – Up to 30 months in prison and fines
Summary
In summary, the Take It Down Act provides new tools to combat the nonconsensual creation and distribution of intimate digital content by making it a federal crime and requiring online platforms to facilitate its swift removal.
If you or someone you know has been accused of NCII either at the state or federal level, you should seek legal counsel for guidance.
In addition, Smith & Good Associates can help you understand the implications of guilty or plea deals for NCII-related charges, including SORNA implications, probation requirements, and other consequences of being found guilty.
Contact us for a free, no-obligation consultation here.