TAKE IT DOWN Act
TAKE IT DOWN Act
Plain Language Summary
# TAKE IT DOWN Act Summary **What It Does:** The TAKE IT DOWN Act, which has been signed into law, prohibits the nonconsensual online sharing of intimate images—both real photos and computer-generated deepfakes—without a person's permission. The law requires online platforms (social media sites, websites, etc.) to quickly remove such images when notified they exist. People who violate the law face criminal penalties and must pay restitution to victims. **Who It Affects:** The law protects both adults and minors. For adults, it covers intimate images shared without consent when there was a reasonable expectation of privacy.
For minors, it covers any sexual imagery shared with intent to abuse, harass, or sexually gratify someone. The law applies to online platforms that must enforce removal requests, and to individuals who post or distribute such images. **Key Provisions:** The bill specifically addresses both authentic intimate images and deepfake versions created using artificial intelligence. Criminal penalties and mandatory restitution are required for violations. The law recognizes that harm comes from nonconsensual sharing and applies to cases where images were created or obtained under expectations of privacy.
CRS Official Summary
Tools to Address Known Exploitation by Immobilizing Technological Deepfakes on Websites and Networks Act or the TAKE IT DOWN ActThis bill generally prohibits the nonconsensual online publication of intimate visual depictions of individuals, both authentic and computer-generated, and requires certain online platforms to promptly remove such depictions upon receiving notice of their existence. Specifically, the bill prohibits the online publication of intimate visual depictions ofan 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; ora 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 under the bill 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 bill, covered platforms are defined as public websites, online services, or applications that primarily provide a forum for user-generated content.
Latest Action
Became Public Law No: 119-12.