TAKE IT DOWN Act (Public Law 119-12)

Summary

The Act criminalizes knowingly publishing nonconsensual intimate visual depictions of identifiable individuals, both authentic and digital forgeries created with software, machine learning or artificial intelligence. It also criminalizes threats to do so. Covered platforms must set up a notice and removal process within 1 year of enactment, and must remove a reported depiction within 48 hours of a valid request, while making reasonable efforts to find and remove known identical copies. The Federal Trade Commission enforces the platform duties.

Who it applies to

Applies to any person who knowingly publishes nonconsensual intimate visual depictions, including AI-generated digital forgeries, through interactive computer services. Platform duties apply to covered platforms: public-facing websites, online services or apps that primarily host user-generated content, or that in the regular course of business publish, curate, host or make available such depictions. Broadband providers and email are excluded.

Key points

• Publishing intimate depictions or digital forgeries of adults without consent, where harm is intended or caused, carries imprisonment of up to 2 years, a fine, or both.
• Offenses involving minors carry imprisonment of up to 3 years, a fine, or both.
• Covered platforms must provide a clear and conspicuous notice of their removal process and remove valid requests within 48 hours.
• Platforms must make reasonable efforts to identify and remove known identical copies of the reported depiction.
• Failure to reasonably comply with notice and takedown duties is treated as an unfair or deceptive practice enforced by the Federal Trade Commission.

Key dates

Introduced

Jan 16, 2025

Passed

Apr 28, 2025

Signed / adopted

May 19, 2025