U.S. Adopts the TAKE IT DOWN Act: A Landmark Federal Framework Against Non-Consensual Intimate Content and AI-Generated Deepfakes

On May 19, 2025, U.S. President Donald J. Trump signed into law the TAKE IT DOWN Act ("Tools to Address Known Exploitation by Immobilizing Technological Deepfakes on Websites and Networks Act"), enacted by the 119th Congress with overwhelming bipartisan support. The Act establishes a new legal framework to combat the online publication of non-consensual intimate visual depictions, whether authentic or artificially generated through deepfake technology or AI tools.

This legislation represents a decisive federal response to the increasing misuse of image-generation technologies, particularly AI-assisted digital forgeries and their viral dissemination across online platforms.

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1. Scope and Objectives of the Act

The TAKE IT DOWN Act criminalizes the intentional online disclosure of non-consensual intimate visual depictions of identifiable individuals. This includes both:

• Authentic intimate images, shared without consent and under circumstances where the depicted individual had a reasonable expectation of privacy (Sec. 2, §223(h)(2)), and
• “Digital forgeries”, defined as “any intimate visual depiction of an identifiable individual created through the use of software, machine learning, artificial intelligence, or any other technological means… that is indistinguishable from an authentic visual depiction” (Sec. 2, §223(h)(1)(B)).

The statute further distinguishes between content involving adults and that involving minors, with enhanced criminal penalties applicable in the latter case.

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2. New Federal Criminal Offenses and Penalties

The Act introduces several new federal crimes under the Communications Act of 1934 (47 U.S.C. § 223), as amended:

• Publishing an authentic intimate visual depiction without consent and with the intent to cause harm, or where harm is in fact caused (Sec. 2, §223(h)(2)(A));
• Publishing a digital forgery of an identifiable adult with the same criteria (Sec. 2, §223(h)(3)(A));
• Publishing such depictions of minors, when done with intent to “abuse, humiliate, harass, or degrade” or for “sexual gratification” (Sec. 2, §223(h)(2)(B) and §223(h)(3)(B));
• Making threats to publish such material for purposes of coercion, extortion, or mental distress (Sec. 2, §223(h)(6)).

Penalties include:

• Up to two years’ imprisonment for offenses involving adults (Sec. 2, §223(h)(4)(A));
• Up to three years for offenses involving minors (Sec. 2, §223(h)(4)(B));
• Lesser but significant penalties for threats (18 to 30 months depending on the nature of the depiction).

Courts are further required to impose mandatory restitution (Sec. 2, §223(h)(8)) and forfeiture of proceeds and instrumentalities used in the commission of these offenses (Sec. 2, §223(h)(7)).

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3. Obligations for Online Platforms: Notice and Removal

The Act also creates new compliance obligations for “covered platforms”, defined broadly to include public websites, services, or applications that “primarily provide a forum for user-generated content” (Sec. 4(3)(A)).

Pursuant to Section 3 of the Act, covered platforms must:

• Establish a notice-and-takedown process whereby any identifiable individual (or a legally authorized representative) may request removal of an intimate visual depiction published without their consent;
• Process valid removal requests and remove the content within 48 hours of receipt (Sec. 3(a)(3));
• Make reasonable efforts to identify and remove identical copies of the content;
• Display clear, conspicuous, and plain-language information on their takedown procedures (Sec. 3(a)(2)).

Failure to comply with these obligations constitutes a deceptive or unfair trade practice, enforceable by the Federal Trade Commission (FTC) under the Federal Trade Commission Act (Sec. 3(b)).

The law provides a liability shield for platforms acting in good faith when disabling access to reported content (Sec. 3(a)(4)).

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4. Exceptions and Limitations

The Act includes carefully defined exceptions, ensuring that its provisions do not apply to:

• Law enforcement or intelligence activities;
• Good faith disclosures in legal, medical, or educational contexts;
• Content published by the depicted individual themselves;
• Content already covered by existing child pornography or obscenity statutes (Sec. 2, §223(h)(2)(C) and §223(h)(3)(C)).

Crucially, publication consent must be explicit: “the fact that the identifiable individual provided consent for the creation of the intimate visual depiction shall not establish that the individual provided consent for the publication” (Sec. 2, §223(h)(5)(A)).

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5. Legal and Policy Implications

While broadly supported across the political spectrum and by advocacy groups such as SAG-AFTRA, IBM, and the National Center for Missing & Exploited Children, the Act has sparked First Amendment concerns from civil liberties organizations including the Electronic Frontier Foundation, Center for Democracy & Technology, and others. Key criticisms relate to:

• The vagueness of certain provisions, potentially leading to over-removal of lawful content;
• The risk of abuse of the takedown process, including false notices or censorship;
• The implications for end-to-end encryption and user privacy;
• The broader impact on freedom of expression, especially in politically sensitive contexts.

Nonetheless, the TAKE IT DOWN Act marks a major legislative step in addressing the legal vacuum surrounding AI-generated intimate imagery and sets a federal precedent for regulating deepfake technologies in online environments.