TAKE IT DOWN Act
TAKE IT DOWN Act (Public Law 119-12)
First federal law addressing AI-generated intimate imagery. Criminalizes publication of nonconsensual intimate imagery (NCII) including AI "digital forgeries." Creates 48-hour takedown obligation for platforms.
Jurisdiction
United States
US
Enacted
May 19, 2025
Effective
May 19, 2025
Enforcement
FTC (platform compliance) + DOJ (criminal)
Harms Addressed
Who Must Comply
This law applies to:
- • Individuals using interactive computer services to publish NCII
- • Covered platforms: websites/apps providing forum for user-generated content or dealing with NCII
Who bears obligations:
Safety Provisions
- • Criminalizes knowingly publishing NCII: up to 2 years prison (adults), 3 years (minors)
- • Criminalizes threatening to publish NCII
- • Covered platforms must provide clear NCII reporting mechanism
- • Platforms must remove reported NCII within 48 hours of valid request
- • Platforms must make reasonable efforts to remove identical copies
- • Consent to create image ≠ consent to publish
- • Good faith exceptions for law enforcement, legal proceedings, medical treatment
Compliance Timeline
May 19, 2025
Criminal provisions take effect immediately
May 19, 2026
Platform notice-and-takedown process requirements take effect
Enforcement
Enforced by
FTC (platform compliance) + DOJ (criminal)
Penalties
criminal (up to 3yr)
Criminal: up to 3 years imprisonment (minors), 2 years (adults). FTC enforcement for platform noncompliance.
Private Right of Action
Individuals can sue directly without waiting for regulatory action. This significantly increases liability exposure.
Quick Facts
- Binding
- Yes
- Mental Health Focus
- No
- Child Safety Focus
- Yes
- Algorithmic Scope
- No
- Private Action
- Yes
Why It Matters
First US federal law substantially regulating AI-generated intimate content. Hard takedown deadlines, not just transparency.
Recent Developments
Signed May 19, 2025. Criminal provisions immediately effective. Platforms have until May 2026 for takedown systems.
What You Need to Comply
You need by May 2026: dedicated NCII/deepfake reporting intake; identity verification that doesn't re-victimize reporters; 48-hour removal capability; hash-matching for copies; appeals process.
NOPE can helpCite This
APA
United States. (2025). TAKE IT DOWN Act (Public Law 119-12). Retrieved from https://nope.net/regs/us-take-it-down
BibTeX
@misc{us_take_it_down,
title = {TAKE IT DOWN Act (Public Law 119-12)},
author = {United States},
year = {2025},
url = {https://nope.net/regs/us-take-it-down}
} Related Regulations
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