TAKE IT DOWN Act

This bill generally prohibits the online publication of intimate visual depictions of individuals, both authentic and computer-generated, and requires covered online platforms to promptly remove such depictions upon notice of their existence.

Specifically, the bill prohibits the online publication of intimate visual depictions of

- an adult subject where publication is intended to cause or does cause harm to the subject, and where the depiction was created 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; or

- a 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 criminal penalties including mandatory restitution and prison, a fine, or both. Threats to publish intimate visual depictions of a subject are similarly prohibited under the bill and subject to criminal penalties.

Separately, covered online platforms must establish a mechanism 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 online platforms must remove such depictions within 48 hours of notification. Under the bill, covered online platforms are defined as public websites, online services, or applications that primarily provide a forum for user-generated content.