TAKE IT DOWN Act

Bill Number: S. 146
Origin Chamber: Senate
Congress: 119th Congress, Session 1
Policy Area: Science, Technology, Communications
Status: Became Law
Became Law: Public Law 119-12
Latest Action: 2025-05-19: Became Public Law No: 119-12.
Last Updated: 2026-06-16T14:19:53Z

AI-Generated Summary

Purpose

The TAKE IT DOWN Act aims to protect individuals from the harm caused by nonconsensual sharing of intimate images, including those created or altered using technology like AI (known as deepfakes). It criminalizes the intentional online publication of such content without consent and requires websites and apps to quickly remove it upon request, helping victims regain control over their privacy.

Key Provisions

Criminal Prohibition on Disclosure:
Makes it illegal to knowingly publish nonconsensual intimate visual depictions (real or digitally forged) of adults or minors using online services if done to cause harm, harass, or for sexual gratification.
Defines key terms: Intimate visual depiction means images showing private body parts or sexual acts (as defined in existing law); Digital forgery includes AI-generated or manipulated images that look real; Consent requires clear, voluntary agreement without pressure or tricks; Identifiable individual is someone recognizable in the image.
Exceptions include law enforcement activities, good-faith reports to authorities, medical/educational uses, self-publication, or content already illegal as child pornography.
Penalties: Up to 2 years in prison for adult victims, up to 3 years for minors; fines apply. Threats to share such content also punishable (up to 18-30 months).
Requires courts to order forfeiture of related property (e.g., devices used) and restitution to victims for harm like emotional distress or lost income.

Platform Removal Requirements:
"Covered platforms" (websites/apps hosting user content like social media, forums, or sites that regularly deal with such images) must create a clear process for victims (or their representatives) to report and request removal of nonconsensual intimate images.
Requests must include a signature, image location, a statement of non-consent, and contact info.
Platforms must provide easy-to-find notices about the process and remove reported content within 48 hours, plus copies of it.
Platforms get legal protection if they remove content in good faith, even if later proven not illegal.

Enforcement:
The Federal Trade Commission (FTC) enforces platform compliance as an unfair or deceptive practice, with powers to investigate and fine violators (including non-profits).
Does not limit other laws, like those on child exploitation.

Other Elements:
Consent for creation does not imply consent for sharing.
If any part of the law is struck down, the rest remains effective (severability clause).

Significant Changes to Existing Law

Amends Section 223 of the Communications Act of 1934 (which covers online harassment and obscenity) by adding a new subsection (h) specifically targeting nonconsensual intimate images, including deepfakes—a gap in prior law focused more on harassment or child protection.
Expands defenses in the section to cover the new prohibitions.
Builds on definitions from the 2022 Consolidated Appropriations Act (for intimate depictions) but adds rules for digital forgeries and platform duties, which were not previously mandated at the federal level.
Integrates FTC oversight for platforms, similar to consumer protection rules, rather than relying solely on criminal courts.

Potential Impacts

On Citizens: Victims of image-based abuse (e.g., revenge porn or deepfake harassment) gain faster recourse to remove harmful content online, potentially reducing psychological, financial, and reputational damage. Minors get stronger protections against exploitation.
On Government Agencies: FTC gains enforcement tools for platforms, increasing workload but aligning with existing consumer protection roles. Department of Justice handles criminal cases, with new forfeiture and restitution options to aid prosecutions.
On International Relations: Minimal direct impact, but could influence global standards for online content moderation, as U.S. platforms operate worldwide and the law applies to interstate/foreign commerce.
Broader effects include deterring bad actors through penalties, though platforms may face higher costs for compliance systems.

Main Stakeholders

Individuals: Victims (adults and minors) who can request removals; publishers/sharers facing criminal liability.
Covered Platforms: Social media sites (e.g., X, Facebook), forums, video-sharing apps, or sites hosting user-generated content; excluded are email, broadband providers, and curated news sites with minor interactive features.
Government Entities: FTC (enforces platform rules); federal/state law enforcement and intelligence agencies (exemptions for official use); courts (handle penalties and restitution).
Advocacy Groups: Organizations focused on privacy, women's rights, and anti-harassment, who may support or monitor implementation.

Notable Legal, Constitutional, or Political Implications

Legal: Strengthens privacy rights against nonconsensual sharing but carves out exceptions to avoid overlapping with existing child protection laws (e.g., 18 U.S.C. § 2256). Platforms' good-faith removal shield echoes Section 230 of the Communications Act (which protects sites from user content liability), potentially reducing lawsuits against them.
Constitutional: May face First Amendment challenges for restricting speech, but focuses on harmful, non-public-concern content with intent-to-harm requirements, similar to upheld revenge porn laws. Balances free expression by excluding news or public interest matters.
Political: Addresses rising concerns over AI deepfakes and online abuse, especially for women and minors, amid bipartisan support for tech accountability. Could set precedent for regulating emerging tech harms without broad censorship, though enforcement might spark debates on overreach or uneven application across platforms.

This summary was generated by AI and may contain inaccuracies. Refer to the official source document for the authoritative text.

Sponsor

Sen. Cruz, Ted [R-TX]

Cosponsors (21)

Sen. Klobuchar, Amy [D-MN], Sen. Capito, Shelley Moore [R-WV], Sen. Blumenthal, Richard [D-CT], Sen. Cassidy, Bill [R-LA], Sen. Booker, Cory A. [D-NJ], Sen. Barrasso, John [R-WY], Sen. Rosen, Jacky [D-NV], Sen. Lummis, Cynthia M. [R-WY], Sen. Hickenlooper, John W. [D-CO], Sen. Budd, Ted [R-NC], Sen. Blackburn, Marsha [R-TN], Sen. Wicker, Roger F. [R-MS], Sen. Young, Todd [R-IN], Sen. Curtis, John R. [R-UT], Sen. Sheehy, Tim [R-MT], Sen. Warnock, Raphael G. [D-GA], Sen. Heinrich, Martin [D-NM], Sen. Peters, Gary C. [D-MI], Sen. Schiff, Adam B. [D-CA], Sen. Cortez Masto, Catherine [D-NV], Sen. Shaheen, Jeanne [D-NH]

Recent Actions

2025-05-19: Became Public Law No: 119-12.
2025-05-19: Became Public Law No: 119-12.
2025-05-19: Signed by President.
2025-05-19: Signed by President.
2025-05-19: Presented to President.
2025-05-19: Presented to President.
2025-04-28: Motion to reconsider laid on the table Agreed to without objection.
2025-04-28: On motion to suspend the rules and pass the bill Agreed to by the Yeas and Nays: (2/3 required): 409 - 2 (Roll no. 104). (text: CR H1644-1645) (Roll call 104)
2025-04-28: Passed/agreed to in House: On motion to suspend the rules and pass the bill Agreed to by the Yeas and Nays: (2/3 required): 409 - 2 (Roll no. 104). (text: CR H1644-1645: 1) (Roll call 104)
2025-04-28: Considered as unfinished business. (consideration: CR H1669)
2025-04-28: At the conclusion of debate, the Yeas and Nays were demanded and ordered. Pursuant to the provisions of clause 8, rule XX, the Chair announced that further proceedings on the motion would be postponed.
2025-04-28: DEBATE - The House proceeded with forty minutes of debate on S. 146.
2025-04-28: Considered under suspension of the rules. (consideration: CR H1644-1643)
2025-04-28: Mr. Bilirakis moved to suspend the rules and pass the bill.
2025-02-14: Held at the desk.

Bill Versions

Tools to Address Known Exploitation by Immobilizing Technological Deepfakes on Websites and Networks Act — issued 2025-04-30 — PDF (8 pages)
Tools to Address Known Exploitation by Immobilizing Technological Deepfakes on Websites and Networks Act — issued 2025-02-13 — PDF (22 pages)
Tools to Address Known Exploitation by Immobilizing Technological Deepfakes on Websites and Networks Act — issued 2025-01-16 — PDF (21 pages)