- Law establishes national prohibition against nonconsensual online publication of intimate images of individuals, both authentic and computer-generated.
- First federal law regulating AI-generated content.
- Creates requirement that covered platforms promptly remove depictions upon receiving notice of their existence and a valid takedown request.
- For many online service providers, complying with the Take It Down Act’s notice-and-takedown requirement may warrant revising their existing DMCA takedown notice provisions and processes.
- Another carve-out to CDA immunity? More like a dichotomy of sorts….
On May 19, 2025, President Trump signed the bipartisan-supported Take it Down Act into law. The law prohibits any person from using an “interactive computer service” to publish, or threaten to publish, nonconsensual intimate imagery (NCII), including AI-generated NCII (colloquially known as revenge pornography or deepfake revenge pornography). Additionally, the law requires that, within one year of enactment, social media companies and other covered platforms implement a notice-and-takedown mechanism that allows victims to report NCII. Platforms must then remove properly reported imagery (and any known identical copies) within 48 hours of receiving a compliant request.