This bill prohibits nonconsensual online publication of intimate images, including both authentic and AI-generated deepfakes. For adults, publication must be intended to harm or cause harm and lack consent; for minors, publication must intend to abuse, harass, or gratify sexual desire. Platforms must remove such content within 48 hours of notification. Violators face criminal penalties and mandatory restitution.
Latest Action
Became Public Law No: 119-12.
AI Summary
Plain-English explanation of this bill
This bill prohibits nonconsensual online publication of intimate images, including both authentic and AI-generated deepfakes. For adults, publication must be intended to harm or cause harm and lack consent; for minors, publication must intend to abuse, harass, or gratify sexual desire. Platforms must remove such content within 48 hours of notification. Violators face criminal penalties and mandatory restitution.
Last updated: 1/4/2026
Official Summary
Congressional Research Service summary
<p><strong>Tools to Address Known Exploitation by Immobilizing Technological Deepfakes on Websites and Networks Act or the TAKE IT DOWN Act</strong></p><p>This 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. </p><p>Specifically, the bill prohibits the online publication of intimate visual depictions of</p><ul><li>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</li><li>a minor subject where publication is intended to abuse or harass the minor or to arouse or gratify the sexual desire of any person. </li></ul><p>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. </p><p>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, <em>covered platforms</em> are defined as public websites, online services, or applications that primarily provide a forum for user-generated content.</p>
Key Points
Main provisions of the bill
Prohibits nonconsensual intimate image publication including deepfakes
Covers both authentic and AI-generated content
48-hour platform removal requirement upon notification
Criminal penalties and mandatory restitution
Threats to publish also prohibited
How This Impacts Americans
Potential effects on citizens and communities
This legislation addresses the growing harm from revenge porn and AI-generated deepfakes. The 48-hour removal requirement creates enforceable platform obligations. Including synthetic imagery reflects how AI can now create realistic fake intimate content without consent. The bill provides both criminal accountability and victim remedies for a problem that existing laws inadequately address.
