TAKE IT DOWN Act
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The TAKE IT DOWN Act makes it a federal crime to knowingly publish nonconsensual intimate images or videos of real people, including AI-generated "deepfake" versions, and sets criminal penalties for offenders and for those who threaten to publish such content.
It also requires social media platforms and similar websites to set up a process for removing these images within 48 hours of a valid request, with the Federal Trade Commission enforcing that takedown duty as an unfair or deceptive practice.
What this law does
What it does
The law amends the Communications Act of 1934 to criminalize knowingly publishing intimate visual depictions of identifiable adults without consent when it is intended to cause or causes harm, and of minors when intended to abuse, harass, or sexually gratify. It covers both authentic images and AI-generated "digital forgeries," sets prison terms up to two years for adult victims and three years for minor victims, criminalizes threats to publish such content, and requires courts to order restitution and forfeiture upon conviction. Separately, the law requires "covered platforms" — websites and apps that primarily host user-generated content — to create a clear notice-and-removal process letting victims request takedown of nonconsensual intimate images, and to remove them within 48 hours of a valid request along with known identical copies. The Federal Trade Commission enforces this platform duty as an unfair or deceptive trade practice. The law includes exceptions for law enforcement, legal proceedings, medical and educational uses, and self-published content.
Key provisions
- 1Criminalizes knowingly publishing a nonconsensual intimate visual depiction of an adult intended to cause or causing harm, with exceptions for public concern or voluntary exposure.
- 2Criminalizes publishing an intimate visual depiction, including AI-generated digital forgeries, of a minor with intent to abuse, harass, or sexually gratify.
- 3Criminalizes threats to publish such intimate visual depictions, with penalties scaled by whether the victim is an adult or minor and whether the image is authentic or a forgery.
- 4Requires mandatory restitution and forfeiture of property and proceeds connected to a violation upon conviction.
- 5Requires covered platforms to establish a notice-and-removal process for victims and to take down flagged nonconsensual intimate depictions within 48 hours.
- 6Makes a platform's failure to comply with the takedown duty an unfair or deceptive act enforceable by the Federal Trade Commission.
- 7Shields platforms from liability for good-faith removal of content reasonably believed to be a nonconsensual intimate depiction.
Who is affected
Individuals whose intimate images are published without consent, including minors targeted by sexually exploitative content; people who create, publish, or threaten to publish such images, who now face federal criminal liability; and online platforms hosting user-generated content, which must build compliance systems for takedown requests.
Why it matters
Victims of nonconsensual intimate imagery, including AI-generated deepfakes, gain a fast federal removal mechanism and criminal recourse that previously varied by state. Platforms face new compliance obligations and FTC enforcement risk if they fail to remove flagged content within 48 hours, while people who create or distribute such content now face federal prosecution and mandatory restitution.
What changed
Changes to existing law
Amends Communications Act of 1934 (47 U.S.C. § 223) (Sec. 2)
Adds a new subsection criminalizing knowing publication of nonconsensual intimate visual depictions and digital forgeries, with penalties, restitution, and forfeiture.
Amends Federal Trade Commission Act (15 U.S.C. § 57a(a)(1)(B)) (Sec. 3)
Treats a platform's failure to comply with the new takedown obligations as an unfair or deceptive act or practice enforceable by the FTC.
Amends Controlled Substances Act (21 U.S.C. § 853) (Sec. 2)
Applies its criminal forfeiture procedures (minus certain subsections) to forfeitures under the new intimate-depiction offense.
Agencies directed to act
Effective dates
- Covered platforms must establish the notice-and-removal process for nonconsensual intimate depictions
- Platforms must remove flagged nonconsensual intimate depictions after a valid request
How it works
Covered platforms — websites and apps primarily hosting user-generated content — must build a signed, written notice-and-removal system within one year of enactment, post clear instructions for using it, and remove flagged nonconsensual intimate depictions and known identical copies within 48 hours of a valid request. The Federal Trade Commission enforces this duty using its existing unfair-or-deceptive-practices authority under the FTC Act, including against nonprofit platforms normally outside its jurisdiction. Separately, federal prosecutors can bring criminal charges under the amended Communications Act, with courts required to impose restitution and forfeiture on conviction.
Legislative status & sources
Latest action
Became Public Law No: 119-12.
Official CRS summary
Show the CRS summaryHide the CRS summary
This act generally prohibits the nonconsensual online publication of intimate visual depictions of individuals, both authentic and computer-generated, and requires certain online platforms (e.g., social media platforms) to promptly remove such depictions upon receiving notice of their existence.
Specifically, the act prohibits the online publication of intimate visual depictions of
- an adult subject where publication is intended to cause or does cause harm to the subject, and where the depiction was published without the subject’s consent or, in the case of an authentic depiction, was created or obtained under circumstances where the adult had a reasonable expectation of privacy; or
- a minor subject where publication is intended to abuse or harass the minor or to arouse or gratify the sexual desire of any person.
Violators are subject to mandatory restitution and criminal penalties, including prison, a fine, or both. Threats to publish intimate visual depictions of a subject are similarly prohibited and subject to criminal penalties.
Separately, covered platforms must establish a process through which subjects of intimate visual depictions may notify the platform of the existence of, and request removal of, an intimate visual depiction including the subject that was published without the subject’s consent. Covered platforms must remove such depictions within 48 hours of notification. Under the act, covered platforms are defined as public websites, online services, or applications that primarily provide a forum for user-generated content.
Legislative subjects
Child safety and welfare; Crimes against children; Criminal investigation, prosecution, interrogation; Digital media; Fraud offenses and financial crimes; Internet, web applications, social media; Pornography; Science, Technology, Communications; Sex offenses