About the Take It Down Act

Full citation

The statute's full title is the Tools to Address Known Exploitation by Immobilizing Technological Deepfakes on Websites and Networks Act, more commonly cited as the Take It Down Act. It was enacted as Public Law No. 119-12, originating as S.146 in the 119th Congress. The companion House bill was H.R.633.

Legislative history

S.146 was introduced in the United States Senate in early 2025 with bipartisan sponsorship. The Senate passed the bill by unanimous consent on February 13, 2025. The House of Representatives followed on April 28, 2025, passing the measure 409 to 2. The President signed it into law on May 19, 2025.

Section 3 of the Act, which establishes the notice-and-removal duty for covered online platforms, contained a one-year implementation runway. That runway expires May 19, 2026, after which the Federal Trade Commission may enforce the requirements against noncompliant platforms.

Key definitions

The Act's reach is shaped by three central definitions: what counts as an intimate visual depiction, what counts as a digital forgery, and what counts as a covered platform.

Intimate visual depiction

An intimate visual depiction is a photograph, film, or video that depicts an identifiable individual in a state of sexual conduct or with intimate body parts visible. The statutory definition includes images displaying uncovered genitals, the pubic area, the anus, or the post-pubescent female nipple, as well as depictions involving the display or transfer of sexual fluids. Images captured in public places may still qualify as intimate where the individual did not voluntarily expose themselves or did not consent to the conduct depicted.

Digital forgery

A digital forgery is a visual depiction created or altered through the use of software, machine learning, artificial intelligence, or any other computer-generated or technological means to appear to a reasonable person as an authentic depiction of an identifiable individual. The category captures the imagery commonly called deepfakes, but it is not limited to AI-generated content; manually edited composites are included as well.

Covered platform

A covered platform is a website, online service, online application, or mobile application that primarily provides a forum for user-generated content, or that in the regular course of trade or business publishes, curates, hosts, or makes available content of nonconsensual intimate visual depictions. The Federal Trade Commission's published guidance confirms that the definition reaches social media, messaging, image and video sharing, and gaming platforms.

Criminal provisions

Section 2 of the Act establishes federal criminal offenses for the knowing publication of nonconsensual intimate imagery. The penalties are tiered.

For offenses involving an adult victim, the maximum term of imprisonment is two years, in addition to fines. For offenses involving a minor, the maximum term of imprisonment rises to three years. The Act also makes it unlawful to intentionally threaten to commit a publication offense for the purpose of intimidation, coercion, extortion, or to cause mental distress.

Exceptions

The Act contains carefully drawn exceptions. Good-faith disclosures to law enforcement, disclosures pursuant to a legal proceeding, and disclosures for legitimate medical, scientific, or educational purposes are not offenses under the Act. It is also not an offense for a person to possess or publish an intimate visual depiction or digital forgery of themselves.

Section 230 of the Communications Decency Act, which generally immunizes online platforms from liability for user-generated content, remains in place. However, the Take It Down Act's notice-and-removal duty operates independently as an FTC-enforced obligation and is not displaced by Section 230 immunity.

Constitutional considerations

The Act has been the subject of First Amendment commentary, particularly with respect to the breadth of the takedown obligation and the speed of the 48-hour removal window. The statute's defenders point to its narrowly drawn definitions, its scienter requirements in the criminal provisions, and its alignment with established precedent treating nonconsensual intimate imagery as outside the protections afforded to other categories of speech. Litigation testing these provisions is expected and any rulings will be reflected in updates to this resource.