The TAKE IT DOWN Act creates new federal criminal penalties for publishing nonconsensual intimate images and deepfake pornography on online platforms. Under the law, it becomes a crime to knowingly distribute such images of adults without consent if they were created privately, not publicly exposed, and the distribution causes or intends to cause harm; violations carry penalties of up to 2 years in prison and fines. For minors, the law is stricter, carrying up to 3 years in prison for publishing intimate images with intent to abuse, harass, or gratify sexual desires. The bill requires major social media and user-generated content platforms to establish a removal process within one year that allows victims to report nonconsensual images and have them taken down within 48 hours, with liability protection for platforms acting in good faith. The Federal Trade Commission is given authority to enforce these platform requirements as unfair and deceptive practices under existing consumer protection laws.
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