USA’s TAKE IT DOWN Act: Deepfake Laws, Key Provisions & Penalties

1. Overview

The TAKE IT DOWN Act (S.4569) focuses on non-consensual intimate imagery (NCII), most specifically on deepfake pornography. The act was passed in the Senate on April 29, 2025. It requires online platforms to remove NCII upon the victim’s request and makes it illegal to publish or threaten to publish such content.

2. Scope of the Law

The Act covers both real and AI-generated intimate imagery. It applies to social media platforms and other online services hosting user-generated content. Its goal is to protect individuals from unauthorized intimate depictions and digital forgeries.

3. Key Provisions

• Criminalization of NCII Publication: NCII of an identifiable individual may also not be published without the consent of the person; it is against the law.
• Definition Digital Forgery: States that AI-created intimate depictions must be criminalized under the term digital forgery.
• NCII-Related Threats: It is illegal to threaten to share NCII in order to intimidate, coerce, or extort.
• Duties of Platforms: Platforms have to develop removal mechanisms and should process requests within 24 hours of the victim.
• Victim Consent Clarification: Agreeing to make some intimate content does not mean one has agreed to publish.
• Exceptions: Limited to law enforcement, legal proceedings, medical purposes, or support services.

4. Penalties & Enforcement

• Criminal Penalties:
  • Up to 2 years for publishing the NCII involving adults.
  • Up to 3 years for publishing NCII involving minors.
  • Up to 18 months for threatening to publish NCII involving adults.
  • Up to 30 months for threatening to publish NCII involving minors.
• Enforcement: The Federal Trade Commission (FTC) is responsible for compliance.

5. Implications

• For Victims: Right to request removal of NCII within 48 hours.
• For Creators: Unlawful to create or distribute NCII without consent.
• For Platforms: Must implement clear procedures to comply with takedown requests.

6. Future Outlook

The bill is being reviewed by the House of Representatives to be passed. It will set up a federal rule against deepfake pornography and will enhance protections that state laws already provide, it is passed.