TAKE IT DOWN Act

Summary

Creates federal crimes for knowingly publishing nonconsensual intimate images and sexually explicit deepfake depictions of identifiable people, with stronger penalties when victims are minors. Requires websites and apps that host user content to provide a clear notice-and-removal process and to remove reported nonconsensual intimate images and known identical copies within 48 hours. Gives the Federal Trade Commission authority to enforce platform notice-and-removal failures and preserves exceptions for law enforcement, medical/scientific uses, and certain legal disclosures.

• Creates federal crimes for publishing nonconsensual intimate images and sexually explicit deepfakes of identifiable people.
• Imposes higher criminal penalties when the victim is a minor and criminalizes threats to publish such material.
• Requires covered online platforms to provide a plain-language notice-and-removal process and to remove reported images and known identical copies within 48 hours.
• Gives the Federal Trade Commission authority to enforce platform notice-and-removal failures as unfair or deceptive acts or practices.
• Includes exceptions for law enforcement, medical/scientific/educational use, legal disclosures, and self-published content.
• Mandates criminal forfeiture and restitution to victims for materials and proceeds tied to violations.
• Clarifies that prior consent to creation or limited sharing does not equal consent to public publication.
• Applies to interactive computer services and defines key terms like “digital forgery,” “consent,” and “intimate visual depiction.”
• Platforms acting in good faith to remove content are shielded from liability even if the content later proves lawful.
• Platforms have one year from enactment to implement the removal process; other effective dates are not specified.