S-146 — TAKE IT DOWN Act

This bill became law on 2025-05-19 as Public Law No. 119-12.

The summary below describes the bill at the version we last reviewed; the enacted text may differ.

YourVoice.Now Summary

Civil LibertiesTransparency & Accountability

Criminalizes knowingly sharing nonconsensual intimate images and deepfakes online, and requires platforms to remove reported images within 48 hours.

Civil Liberties

Platform content-removal pressure — 48-hour takedown duty applies even if content is later found lawful
Platform immunity for removals — Good-faith takedowns shielded from liability regardless of outcome

Transparency & Accountability

Platform disclosure duty — Covered sites must post a plain-language notice-and-removal process
FTC enforcement reach — Extended to nonprofit organizations outside its usual jurisdiction

The details

The TAKE IT DOWN Act makes it a federal crime to share intimate images without consent. This applies whether the images are shared knowingly online. It covers both real photos and AI-generated "digital forgeries" (deepfakes that look indistinguishable from real images). Sharing such an image of an adult can bring up to 2 years in prison. Sharing an image of a minor can bring up to 3 years. Threatening to share one carries shorter terms. People convicted must forfeit any money or property tied to the offense. They must also pay restitution to victims. Narrow exceptions apply for law enforcement, legal, medical, and good-faith reporting purposes. The law also requires platforms that host user-generated content — social media, forums, and similar sites — to set up a clear reporting system. People must be able to report nonconsensual intimate images. Platforms must take them down within 48 hours of a valid request, along with any known identical copies. Platforms must post a plain-language notice explaining this process within one year. The Federal Trade Commission enforces these rules, treating violations as unfair or deceptive business practices. Platforms that remove flagged content in good faith are shielded from lawsuits. This protection holds even if the image later turns out to be lawful. Broadband internet providers, email, and sites whose content is mainly preselected rather than user-generated are exempt. Nothing in the law overrides existing child-exploitation statutes.

Congressional Summary

Tools to Address Known Exploitation by Immobilizing Technological Deepfakes on Websites and Networks Act or the TAKE IT DOWN ActThis act generally prohibits the nonconsensual online publication of intimate visual depictions of individuals, both authentic and computer-generated, and requires certain online platforms (e.g., social media platforms) to promptly remove such depictions upon receiving notice of their existence. Specifically, the act prohibits the online publication of intimate visual depictions ofan adult subject where publication is intended to cause or does cause harm to the subject, and where the depiction was published without the subject’s consent or, in the case of an authentic depiction, was created or obtained under circumstances where the adult had a reasonable expectation of privacy; ora minor subject where publication is intended to abuse or harass the minor or to arouse or gratify the sexual desire of any person. Violators are subject to mandatory restitution and criminal penalties, including prison, a fine, or both. Threats to publish intimate visual depictions of a subject are similarly prohibited and subject to criminal penalties. Separately, covered platforms must establish a process through which subjects of intimate visual depictions may notify the platform of the existence of, and request removal of, an intimate visual depiction including the subject that was published without the subject’s consent. Covered platforms must remove such depictions within 48 hours of notification. Under the act, covered platforms are defined as public websites, online services, or applications that primarily provide a forum for user-generated content.

Legislative Subjects

Child safety and welfareCrimes against childrenCriminal investigation, prosecution, interrogationDigital mediaFraud offenses and financial crimesInternet, web applications, social mediaPornographySex offenses

Details

Congress: 119th
Chamber: Senate
Status: summarized
Action: Public Law
Action Date: 2025-05-19
Date Added: 2026-06-19
Source: Congress.gov →

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