The TAKE IT DOWN Act Is Now Law: What You Need to Know

On May 19, 2025, a significant piece of legislation, the Tools to Address Known Exploitation by Immobilizing Technological Deepfakes on Websites and Networks Act (TAKE IT DOWN Act), was signed into law. This landmark bipartisan Act marks a critical step in addressing the proliferation of non-consensual intimate imagery (NCII), including AI-generated “deepfakes” and so-called “revenge porn,” on online platforms. The TAKE IT DOWN Act aims to provide victims with stronger tools to remove such exploitative content and hold perpetrators accountable. This blog post breaks down the key provisions of this new law and its implications. The core objectives of the TAKE IT DOWN Act are to combat the spread of non-consensual intimate imagery by criminalizing its publication, including realistic AI-generated deepfakes. The Act also mandates swift removal of reported NCII by online platforms, thereby empowering victims with clear avenues to request the deletion of exploitative content depicting them. Furthermore, a key goal is to hold perpetrators accountable by introducing federal criminal penalties for those who engage in the non-consensual creation and distribution of such material. The Act introduces several crucial measures to achieve its aims. A central provision is the criminalization of NCII publication. It is now a federal crime to knowingly publish, or threaten to publish, NCII in interstate or foreign commerce without the consent of the individual depicted. This important protection applies even if the victim consented to the creation of an authentic image but not to its subsequent publication. Another cornerstone of the Act involves mandated takedown procedures for platforms. This includes:

• A 48-hour removal window, requiring covered online platforms (social media sites and other services primarily hosting user-generated content) to establish procedures for removing reported NCII within this timeframe after receiving a valid victim request.
• An obligation for platforms to make reasonable efforts to remove copies of the images, addressing the challenge of re-uploads.

The Federal Trade Commission (FTC) is charged with the enforcement of these takedown requirements for online platforms. The Act carefully defines non-consensual intimate imagery to encompass both authentic images shared without consent and realistic AI-generated pornographic images (deepfakes) that depict identifiable individuals. For AI-generated content, a “reasonable person” test is generally applied to determine if it’s indistinguishable from an authentic image. To ensure fairness and proper conduct, the Act also permits good-faith disclosures of NCII in specific, narrow circumstances, such as reporting to law enforcement. Importantly, the legislation is intended to be narrowly tailored to protect lawful speech and conforms to current First Amendment jurisprudence. Regarding its rollout, criminal provisions generally go into effect immediately upon signing, while online platforms typically have a specified period, such as one year, to establish their takedown and removal processes. The TAKE IT DOWN Act will have significant consequences across the digital landscape. Online Service Providers (OSPs)/Platforms will face new compliance obligations. They must develop and implement robust systems for receiving, verifying, and acting upon takedown requests within the 48-hour timeframe, necessitating investment in technology and personnel. This signifies an increased direct responsibility for platforms to address NCII. For victims of NCII and digital exploitation, the Act aims to provide empowerment through a clearer, federally mandated pathway to get exploitative images removed, and it strengthens legal avenues against perpetrators. Content creators and general internet users need to be aware of the new criminal liabilities associated with sharing NCII. They may also observe changes in platform terms of service and content moderation practices as services adapt to the law. Law enforcement agencies are provided with new federal tools and statutes to investigate and prosecute individuals involved in creating and distributing NCII. While widely supported, the TAKE IT DOWN Act navigates complex issues. There’s an inherent tension in protecting victims while upholding free speech; the Act attempts this balance by narrowly defining prohibited content and including safeguards for lawful speech, though discussions on its precise application will likely continue. Implementing effective and timely takedown systems also presents a significant operational challenge and burden for platforms, particularly smaller ones. Furthermore, the technological challenge of identifying and removing all copies of an image, especially AI-altered content, remains substantial. With the TAKE IT DOWN Act now law, the focus shifts to several key areas. Online platforms will be actively working to ensure their systems and processes comply with the new requirements, especially the 48-hour takedown rule and victim reporting procedures. The FTC may issue further rules or guidance regarding platform compliance. Concurrently, efforts will likely increase to promote public awareness about the law, its protections for victims, and the penalties for offenders. As with any major legislation, the Act may also face legal challenges, and its provisions will be subject to judicial interpretation over time. The TAKE IT DOWN Act represents a critical federal response to the growing problem of non-consensual intimate imagery and deepfake exploitation. By criminalizing these acts and mandating swift platform action, the law aims to provide greater protection and recourse for victims, signaling a new era of accountability for those who misuse technology to harm others. Individuals and platforms alike will need to understand their rights and responsibilities under this new legal framework.