Take it Down Act

As of May 19, 2025, the online publication of nonconsensual sexual images—including AI-generated content (commonly known as deepfakes) and identifiable images of real individuals—is a federal crime punishable by fines and imprisonment.

Understanding the New Federal Law on Deepfakes and Nonconsensual Intimate Images: The Take It Down Act Explained

On May 19, 2025, the Tools to Address Known Exploitation by Immobilizing Technological Deepfakes on Websites and Networks Act, or the Take It Down Act, was officially signed into federal law by President Donald J. Trump after receiving widespread bipartisan support throughout both chambers of Congress. The new law is designed to target nonconsensual images, both authentic and AI-generated, at the federal level. The Take It Down Act has various implications for both individuals and companies utilizing the internet including regulatory oversight, fines, and prison sentences. Importantly, the Act not only punishes individuals for the publication of said images, but also requires that companies remove reported images from their platforms within 48 hours of receiving notice.

The Take It Down Act creates a uniform federal law surrounding the issue of nonconsensual images. While many states, including Ohio, have existing laws criminalizing nonconsensual images, said laws vary in scope and offer inconsistent penalties for offenders. Specifically, many of these state statutes fail to explicitly address AI-generated images. Furthermore, the Act creates a streamlined avenue for victims to have their images removed from the internet with oversight by the Federal Trade Commission (FTC).

What is the Take It Down Act?

The Take It Down Act is a comprehensive law that is designed to target the online publication of nonconsensual authentic and AI-generated sexual images. The Act prohibits both the publication and the threat of publication of nonconsensual sexual images by federally criminalizing said images, including deepfakes and revenge porn. The Act not only federally criminalizes the publication or threat of publication of such images but also mandates corporate compliance from online platforms that primarily provide user-generated content. Individuals who violate the Act could be subject to prosecution by the United States Department of Justice while corporations in violation may be subject to regulation by the FTC and be treated as participating in an unfair or deceptive practice.

What are the Penalties for Violations of the Take It Down Act?

Pursuant to the Take It Down Act, one who knowingly publishes nonconsensual sexual images of another adult are subject to up to two years imprisonment, fines, forfeiture and restitution so long as all criteria in the statute are met. Said criteria includes that the publisher knew or should have known that the victim had a reasonable expectation of privacy, the victim did not voluntarily expose themselves in public, the image is not a matter of public concern, and the publication was intended to cause harm or did cause harm to the victim. Additionally, threatening the publication of authentic intimate images carries the same penalties as actually publishing said images, while threatening the publication of AI-generated intimate images subjects an offender to a maximum period of 18 months of incarceration. Furthermore, violations of the Act involving publication of minors carry elevated levels of prison, with terms of up to 3 years for publication and 30 months for threats.

In addition to prison sentence exposure, individuals who publish nonconsensual sexual images are subject to both forfeiture and restitution. Offenders convicted of publishing prohibited content in this Act can be ordered to forfeit to the government any property used to facilitate the offense as well as any property derived from proceeds of the publication itself. Additionally, offenders can be ordered to pay directly to the victim any monetary losses the victim incurred including psychiatric treatment costs, lost income, and attorneys’ fees in the form of restitution.

How is the Take It Down Act Different From Existing State Laws?

While many state statutes already prohibit the publication of nonconsensual sexual images, the Take It Down Act provides an avenue for victims to have their images removed from platforms. The Act requires that by May 19, 2026, platforms that serve the public and primarily provide forums for user-generated content, create a process for victims to notify the platform of a nonconsensual sexual image and request that the image be taken down. Upon receipt of a valid request, the platform must remove the image within 48 hours and make reasonable efforts to remove duplicates of such images. This process provides protection for victims that were not previously available without institutional intervention. Compliance with this provision of the Act will be overseen and enforced by the FTC and any failure to comply may be deemed an unfair or deceptive act or practice.

Beyond requiring corporate compliance for user-generated platforms like social media sites, the Take It Down Act is also unambiguous on AI-generated deepfakes. For example, Ohio Revised Code § 2917.211, Dissemination of Image of Another Person, defines an image as “a photograph, film, videotape, digital recording, or other depiction or portrayal of a person” leaving the door open to potential ambiguity regarding deepfakes. Ohio is not alone on this issue as many other states’ statutes leave the question of deepfakes not directly addressed. Furthermore, penalties under the Take It Down Act can be much harsher than existing state statutes. For example, a first-time offender convicted under Ohio Revised Code § 2917.211 for publishing a nonconsensual sexual image of an adult is guilty of a misdemeanor of the third degree, carrying a prison term of no more than 60 days while a defendant convicted under the Take It Down Act could face imprisonment up to 2 years for the same conduct.

Conclusion

Overall, the Take It Down Act is a large step in the direction of federal oversight of internet content. It federally criminalizes the publication or threat of publication of nonconsensual sexual images, both authentic and AI-generated. The Act further requires corporate compliance for companies hosting user-generated content platforms by requiring said platforms to create processes for victims to report nonconsensual sexual images for their removal.

If you or a loved one are facing state or federal criminal allegations of any kind, we encourage you to call Friedman Nemecek Long & Grant, L.L.C at 216-270-1976. We will ensure that your rights are protected at every stage of your case and can help you navigate the legal process with confidence. For more information about Friedman Nemecek Long & Grant, L.L.C., please visit us at www.iannfriedman.com.