TAKE IT DOWN Act

The TAKE IT DOWN Act creates a federal crime for knowingly publishing nonconsensual intimate images or deepfakes online, and requires large user-generated content platforms to set up a process for victims to request removal of such images within 48 hours. The Federal Trade Commission enforces the platform requirements.

Sec. 2, Criminal prohibition on intentional disclosure of nonconsensual intimate visual depictions: This section amends the Communications Act to make it a crime to use an interactive computer service to knowingly publish an intimate visual depiction of an identifiable adult without consent, if the person knew or should have known the adult had a privacy expectation, the content was not voluntarily exposed in public or commercial settings, is not a matter of public concern, and the publication is intended to cause harm or causes psychological, financial, or reputational harm. For minors, it is a crime to publish such a depiction with intent to abuse, humiliate, harass, degrade, or for sexual gratification. Exceptions include law enforcement, legal proceedings, medical purposes, reporting unlawful content, and self-publication. Penalties are up to 2 years in prison for adult victims and up to 3 years for minor victims. Threats to commit the offense are also punishable. The court must order forfeiture of materials and proceeds from the violation, and restitution to the victim.

Sec. 3, Notice and removal of nonconsensual intimate visual depictions: Within one year, covered platforms must create a process for individuals (or their representatives) to notify the platform of nonconsensual intimate images and request removal. The request must include a signature, identification of the image, and a statement of good faith belief it is nonconsensual. Platforms must provide clear notice of this process. Upon a valid request, the platform must remove the image and make reasonable efforts to remove identical copies within 48 hours. Platforms are not liable for good-faith removal based on apparent unlawful publishing. Violations are treated as unfair or deceptive acts under the FTC Act, and the FTC enforces this section, including against non-profit organizations.

Sec. 4, Definitions: Defines key terms. 'Commission' means the Federal Trade Commission. 'Consent', 'deepfake', 'identifiable individual', 'intimate visual depiction', and 'minor' have the meanings from the new section 223(h) of the Communications Act. 'Covered platform' means a website, online service, application, or mobile application that serves the public and primarily provides a forum for user-generated content, but excludes broadband internet access providers, email, and services where content is preselected and interactive features are incidental.