TAKE IT DOWN Act Creates New Federal Offense for Deepfakes
In a significant legislative move aimed at combating online harassment and exploitation, the federal government has enacted the “Tools to Address Known Exploitation by Immobilizing Technological Deepfakes on Websites and Networks Act,” widely known as the TAKE IT DOWN Act. This new law creates federal criminal offenses designed to crack down on individuals who knowingly share nonconsensual intimate visual depictions, including realistic digital manipulations known as “deepfakes.”
The act specifically amends Section 223 of the Communications Act of 1934, expanding federal criminal jurisdiction to target online publication of intimate visual images shared without consent. Under the newly established provisions, prosecutors can pursue charges against individuals using online platforms or interactive computer services, such as social media or websites, to distribute explicit images without permission.
Offenses Involving Authentic Images
The act makes it illegal to knowingly publish intimate visual depictions online involving adults under specific conditions: the individual depicted must have had a reasonable expectation of privacy, the image must not have been voluntarily disclosed publicly or commercially, and the image must not represent a matter of public concern. Importantly, the publication must either intend to cause harm or actually result in psychological, financial, or reputational damage.
For offenses involving minors, defined as individuals under 18 years old, the act imposes stricter criteria and harsher penalties. It criminalizes publication intended to abuse, humiliate, harass, degrade, or sexually gratify.
Punishment Ranges under the TAKE IT DOWN Act
| Type of Offense | Adult Victims (18+) | Minor Victims (Under 18) |
|---|---|---|
| Publishing Authentic Images | Up to 2 years imprisonment, fines | Up to 3 years imprisonment, fines |
| Publishing Digital Forgeries (Deepfakes) | Up to 2 years imprisonment, fines | Up to 3 years imprisonment, fines |
| Threats to Publish Authentic Images | Up to 2 years imprisonment, fines | Up to 3 years imprisonment, fines |
| Threats to Publish Digital Forgeries (Deepfakes) | Up to 18 months imprisonment, fines | Up to 30 months imprisonment, fines |
Digital Forgery (Deepfake) Offenses
Recognizing the growing threat posed by increasingly sophisticated technological manipulations known as “deepfakes,” the TAKE IT DOWN Act explicitly criminalizes the publication of digitally forged intimate images. Such images are often created through artificial intelligence or other digital technologies to realistically mimic an individual’s appearance in explicit scenarios.
To prosecute individuals for publishing these deepfakes, the law mandates similar conditions to those involving authentic images: the digital forgery must be published without the individual’s consent, must not represent publicly or commercially disclosed content, and must not be a matter of public concern. Like authentic images, prosecution requires evidence that the publication intended harm or actually caused substantial damage.
Criminalizing Threats
The law also targets threats to publish nonconsensual intimate images, explicitly penalizing threats used to intimidate, coerce, extort, or inflict mental distress.
Robust Enforcement and Additional Penalties
To further strengthen enforcement, the TAKE IT DOWN Act authorizes courts to mandate forfeiture of assets directly linked to these offenses, including equipment and profits from the illegal activity. Additionally, courts may order restitution to compensate victims for financial and emotional harm caused by the offense.
The act clarifies important legal distinctions—most notably, that consent to create or privately share intimate images does not imply consent for broader publication.
Exceptions for Lawful Activities
The TAKE IT DOWN Act recognizes several important exceptions, such as disclosures made in good faith to law enforcement, for legitimate medical or educational purposes, or by individuals publishing their own images. Importantly, it also excludes legitimate investigative or protective activities conducted by law enforcement and intelligence agencies.
Platform Accountability
Beyond criminalizing individual misconduct, the TAKE IT DOWN Act imposes civil responsibilities on online platforms hosting user-generated content. These platforms must implement clear procedures for swiftly removing nonconsensual intimate depictions upon valid requests from victims, with mandated removal deadlines within 48 hours.
Failure by platforms to comply with these removal requirements could trigger enforcement actions by the Federal Trade Commission under unfair or deceptive business practice standards.
The TAKE IT DOWN Act represents a powerful federal response to a pervasive and damaging form of digital abuse, providing clear legal remedies and stringent enforcement measures aimed at deterring nonconsensual image sharing and digital harassment nationwide.