TAKE IT DOWN Act

Full Title:
TAKE IT DOWN Act

Summary#

The TAKE IT DOWN Act makes it a federal crime to publish intimate visual images of another person without their consent. It covers both authentic images and "digital forgeries" (deepfakes) that are indistinguishable from real images. The law adds these rules to the Communications Act and defines key terms such as consent, digital forgery, identifiable individual, intimate visual depiction, and minor. Penalties include fines, imprisonment (up to 2 years for adults and up to 3 years for offenses involving minors), forfeiture of materials and proceeds, and court-ordered restitution. The law also makes threats to publish such images a crime and requires courts to order forfeiture and restitution for convictions.

The Act also requires covered online platforms to create a notice-and-removal system. Within one year of enactment, platforms that serve the public and host user-generated content must let an identifiable person (or an authorized representative) submit a written removal request with a signature and information to find the image. After receiving a valid request, the platform must remove the image and try to remove known identical copies as soon as possible and no later than 48 hours. The Federal Trade Commission enforces platform notice-and-removal obligations as unfair or deceptive acts or practices. The law excludes certain services such as broadband providers, email, and some non-user-generated content sites.

The Act was enacted and approved on May 19, 2025.

What it means for you#

  • If someone posts an intimate image of you without your consent, you (or a person acting for you) can use a platform's written notice-and-removal process to ask the platform to take it down.
  • Covered platforms must provide a clear link or notice about how to file a removal request and must act quickly: remove the image and try to remove known identical copies within 48 hours of a valid request.
  • People who publish nonconsensual intimate images or digital forgeries of adults can face federal fines and up to 2 years in prison; publishing such material of minors carries higher penalties (up to 3 years).
  • The FTC can enforce the platform removal duties. Platforms are protected from liability when they in good faith disable access to or remove content that appears to be an unlawful nonconsensual intimate depiction.

Expenses#

No publicly available information on the law's estimated costs to the federal government, covered platforms, or other parties is included in the provided text. The statute does create criminal penalties, restitution, and forfeiture requirements but does not include budget or cost estimates.

Proponents' View#

No publicly available information in the provided text about proponents' statements or arguments for the law.

Opponents' View#

No publicly available information in the provided text about opponents' statements or arguments against the law.