President Trump Signs 'TAKE IT DOWN' Act into Law to Combat Non-consensual Deep fakes and Intimate Imagery

By Dominica Bernhard

In a significant move to address the growing concerns over digital exploitation, President Donald Trump signed the "TAKE IT DOWN" Act into law on Monday, May 19. The legislation aims to criminalize the distribution of non-consensual intimate images, including those generated by artificial intelligence (AI), commonly known as deep fakes.

Key Provisions of the Law

The "TAKE IT DOWN" Act, officially titled the "Tools to Address Known Exploitation by Immobilizing Technological Deep fakes on Websites and Networks Act," introduces several critical measures:

Criminalization of Non-consensual Distribution: Knowingly publishing or threatening to publish intimate images without the subject's consent, including AI-generated content, is now a federal crime, punishable by up to three years in prison and substantial fines.

Mandatory Content Removal: Online platforms are required to remove flagged non-consensual intimate images within 48 hours of notification by victims. They must also take proactive steps to eliminate duplicate content.

Enforcement and Penalties: The Federal Trade Commission (FTC) is tasked with enforcing the law, with platforms facing fines of up to $50,000 per violation for non-compliance.

Bipartisan Support and Advocacy

The legislation garnered overwhelming bipartisan support, passing the House with a vote of 409-2 and the Senate by unanimous consent. Senators Ted Cruz (R-Texas) and Amy Klobuchar (D-Minnesota) were among the primary sponsors, with Representatives Maria Elvira Salazar (R-Florida) and Madeleine Dean (D-Pennsylvania) leading the House efforts.

Senate Commerce Committee

First Lady Melania Trump played a pivotal role in advocating for the bill, aligning it with her longstanding campaign for children's well-being and online safety. She highlighted the dangers of AI and social media in fuelling online sexual exploitation, describing the law as a "national victory" for child protection.

Reactions and Concerns

While the law has been praised for addressing the misuse of AI in creating harmful content, some digital rights groups have expressed concerns. Organizations like the Electronic Frontier Foundation and the Center for Democracy and Technology argue that the legislation's broad language could suppress legitimate content and threaten privacy tools like encryption.

Critics also warn of potential misuse, fearing that the law could be employed for political retaliation or lead to over-censorship. The absence of a clear appeals process and the reliance on a "good faith" standard for takedown requests have been cited as areas needing further clarification.

Implementation Timeline

The notice-and-removal requirements for online platforms will take effect on May 19, 2026, giving companies a year to establish compliance procedures. In the meantime, stakeholders are encouraged to formulate plans to meet the law's mandates and ensure the protection of individuals' privacy rights.

The "TAKE IT DOWN" Act represents a significant step in combating online exploitation and reflects a growing consensus on the need for robust measures to address the challenges posed by advanced digital technologies.

Dominica Bernhard is a freelance writer for Veritas Expositae.  You can reach her at dominica.bernhard@veritasexpositae.com