On May 19, 2025, President Donald Trump signed the bipartisan TAKE IT DOWN Act into law, marking a significant federal initiative to combat the distribution of non-consensual intimate imagery (sometimes referred to as nonconsensual pornography or “revenge porn”), including AI-generated deepfakes. This legislation aims to address the growing concerns over digital exploitation and the misuse of artificial intelligence in creating harmful content.
Key Provisions of the TAKE IT DOWN Act
Mandatory Content Removal by Online Platforms
Online platforms are required to remove reported non-consensual intimate images within 48 hours of notification by the victim. Additionally, platforms must take reasonable steps to prevent the re-uploading of such content. Platforms have until May 19, 2026, to establish systems that facilitate the timely removal of non-consensual intimate imagery.
FTC Enforcement of the TAKE IT DOWN Act
The Federal Trade Commission (FTC) is tasked with enforcing compliance, ensuring that platforms adhere to the removal requirements and take appropriate measures to protect users from digital exploitation.
Criminalizing Non-Consensual Intimate Imagery
The law makes it a federal offense to knowingly publish or threaten to publish intimate images without the subject's consent. This includes both real and AI-generated content that is indistinguishable from authentic imagery. Penalties can include up to two years in prison for adult content and up to three years for content involving minors. The criminal provisions of the law are effective immediately upon signing.
The TAKE IT DOWN Act represents a significant step in federal efforts to address the challenges posed by AI-generated content and digital exploitation. As technology continues to evolve, this legislation underscores the importance of adapting legal frameworks to protect individual rights and privacy in the digital age.
