On May 19, 2025, President Donald Trump signed into law the Take It Down Act, officially titled the Tools to Address Known Exploitation by Immobilizing Technological Deepfakes on Websites and Networks Act. This bipartisan legislation aims to combat the spread of non-consensual intimate imagery (NCII), including AI-generated “deepfakes,” by establishing federal criminal penalties and mandating swift removal of such content from online platforms.
What Does the Law Entail?
The Take It Down Act introduces several key provisions:
- Criminalization of NCII: Knowingly publishing or threatening to publish intimate images without consent, including AI-generated deepfakes, is now a federal crime. Penalties include up to two years in prison for adult content and up to three years for content involving minors.
- Mandatory Content Removal: Online platforms are required to remove reported NCII within 48 hours of a verified request from the victim. They must also make reasonable efforts to eliminate duplicates.
- Enforcement by FTC: The Federal Trade Commission (FTC) is tasked with overseeing compliance, ensuring platforms adhere to the law’s requirements.
- Protection for Good Faith Disclosures: The law safeguards individuals, such as medical professionals and law enforcement, who disclose NCII responsibly and ethically.
Bipartisan Support and Advocacy
The Act received overwhelming bipartisan support, passing the House with a 409-2 vote and unanimously in the Senate. First Lady Melania Trump played a significant role in advocating for the legislation, aligning it with her ongoing “Be Best” campaign focused on children’s safety and well-being.
Concerns and Criticisms
Despite its intentions, the Take It Down Act has faced criticism:
- Free Speech Implications: Civil liberties groups, including the Electronic Frontier Foundation, express concerns that the law’s broad language could suppress legitimate content and threaten privacy tools like encryption.
- Potential for Abuse: Critics warn that the law’s “good faith” standard for takedown requests, without stringent verification, could be exploited to remove lawful content or target political adversaries.
A Step Towards Enhanced Digital Safety
The Take It Down Act represents a significant move towards protecting individuals from digital exploitation, particularly in the age of advanced AI technologies. While it aims to provide swift recourse for victims of NCII, ongoing discussions highlight the need to balance such protections with the preservation of free speech and prevention of potential misuse.