On the 19th of May 2025, president signed the Take It Down Act which is also known as Tools to Address Known Exploitation by Immobilizing Technological Deepfakes on Websites and Networks Act.[1] The bipartisan bill was prompted by the case of Elliston Berry and her mother, after the social media platform Snapchat failed to remove an AI-generated deepfake of the then 14-year-old for nearly a year[2].
The law passed both Chambers of Congress unanimously and most of the big tech companies also supported the new framework. The act also stands as one of the first U.S. federal laws specifically designed to address the potential harms posed by AI-generated content, marking a significant legislative response to the rapid evolvement of technology[3].
1. New Legal Framework for Image-Based Abuse
To begin with, the act significantly steps forward to combat with the distribution of nonconsensual intimate imagery—including AI-generated deepfakes and apart from imposing criminal liability at the federal level, the new framework grants victims of image-based sexual abuse the right to request removal of unlawful content, requiring platforms to act within a 48-hour window upon notification.[4]
2. Timeline for Enforcement and Platform Obligations
While the law’s criminal provisions take immediate effect, online platforms are granted a one-year period from the bill’s enactment to implement a formal process for the removal of nonconsensual intimate imagery.
Although there is a one-year period for implementation, some of the major tech companies such as Google, Meta, and Snapchat have already implemented user-facing forms that allow individuals to request the removal of explicit content. Apple and Google have also taken steps to remove AI-powered tools that generate manipulated nude images from clothed photos, eliminating such services from their app stores and search results.[5]
Additionally, some platforms have partnered with nonprofit organizations like StopNCII.org and Take It Down, which help coordinate the removal of such imagery across multiple services. However, not all websites currently participate in these collaborative efforts.[6]
3. Intimate Visual Depictions Covered Under the Take It Down Act
The legal framework covers sexually explicit images that have either been shared without the subject’s consent or created without their consent, including those generated by AI or produced through digital manipulation.
The definition of “sexually explicit content” under the Take It Down Act is grounded in pre-existing federal legal standards, particularly 18 U.S.C. § 2256, which outlines definitions relevant to federal offenses involving child sexual exploitation. According to § 2256(2/A), "sexually explicit conduct" includes graphic depictions of sexual intercourse (whether real or simulated), bestiality, masturbation, sadistic or masochistic abuse, and lascivious exhibition of the genitals or pubic area[7].
Furthermore, the Act incorporates language that mirrors the provisions in § 2256(2/B), identifying visual depictions of uncovered genitals, pubic areas, anuses, or post-pubescent female nipples of identifiable individuals as falling within the scope of prohibited content. [8]
By referencing these statutory definitions, the Take It Down Act extends existing legal protections to include not only traditional imagery but also AI-generated and digitally manipulated materials, thereby adapting federal law to emerging technological threats.
4. Deepfake Imagery: A Core Target of the Take It Down Act
One of the most prevalent examples of the content targeted by this legislation is deepfake imagery. According to the definition in Merriam-Webster, it can simply be defined as “an image or recording that has been convincingly altered and manipulated to misrepresent someone as doing or saying something that was not actually done or said”[9].
Deepfake is a technology which is type of artificial intelligence. The term “deepfake” includes two phrases inside, which are deep for “deep learning” and fake for “bogus content”. Deepfakes are not simply edited or photoshopped images or videos—they are synthetic media created using advanced algorithms that blend real and fabricated footage. These AI-generated creations often involve swapping one person for another in existing content or producing entirely original material in which someone appears to say or do something they never actually did as mentioned in the definition above[10].
Deepfakes also have legitimate applications in daily life, including in video game development, entertainment media, customer support, and automated services such as call forwarding and virtual receptionists[11].
Although these legitimate applications, the synthetic media files—often videos or images—are created to superimpose an individual’s likeness onto sexually explicit material without their consent[12].
Deepfakes have become a particularly harmful and widespread form of image-based abuse, as they can be created and distributed with alarming ease, often without the knowledge of the victim. By explicitly addressing such AI-generated content, the Take It Down Act recognizes the evolving nature of digital exploitation and aims to fill critical gaps in existing legal protections.
5. Final Thoughts on the Bipartisan Bill
The Take It Down Act marks a pivotal step in U.S. federal legislation by directly addressing the growing threat posed by AI-generated deepfake content and nonconsensual intimate imagery. By integrating existing legal definitions under 18 U.S.C. § 2256 and mandating rapid platform response times, the Act not only empowers victims but also sets clear obligations for technology companies. It reflects an evolving understanding that modern digital tools, while capable of innovation and convenience, also carry the potential for serious harm when misused.
In a digital era where content can be created, manipulated, and disseminated within minutes, laws that protect individuals’ bodily integrity, dignity, and consent must be proactive, not reactive. The Take It Down Act provides a structured pathway for the swift removal of explicit and exploitative materials, acknowledges the reality of cross-platform content circulation, and emphasizes the need for coordination among stakeholders—including tech firms, nonprofits, and law enforcement agencies.
Furthermore, the legislation serves as a call for broader societal recognition of how AI and deep learning are reshaping privacy, identity, and accountability. In doing so, it lays the foundation for future laws that can keep pace with emerging technologies and uphold digital justice.
[1] U.S. Congress. (2025). TAKE IT DOWN Act, S. 146, 119th Cong. https://www.congress.gov/bill/119th-congress/senate-bill/146
[2] Associated Press. (2025, April 29). President Trump signs Take It Down Act, addressing nonconsensual deepfakes. What is it? https://apnews.com/article/take-it-down-deepfake-trump-melania-first-amendment-741a6e525e81e5e3d8843aac20de8615
[3] CNN. (2025, May 19). Trump signs Take It Down Act into law, targeting AI-generated deepfakes and nonconsensual explicit images. https://edition.cnn.com/2025/05/19/tech/ai-explicit-deepfakes-trump-sign-take-it-down-act
[4] Mithani, J. (2025, May 19). Here’s how you can use the Take It Down Act. The 19th. https://19thnews.org/2025/05/take-it-down-act-signing-explicit-images/
[5] CNN. (2025, May 19). Trump signs Take It Down Act into law, targeting AI-generated deepfakes and nonconsensual explicit images. https://edition.cnn.com/2025/05/19/tech/ai-explicit-deepfakes-trump-sign-take-it-down-act
[6] CNN. (2025, May 19). Trump signs Take It Down Act into law, targeting AI-generated deepfakes and nonconsensual explicit images. https://edition.cnn.com/2025/05/19/tech/ai-explicit-deepfakes-trump-sign-take-it-down-act
[7] 18 U.S.C. § 2256 (2011). https://www.law.cornell.edu/uscode/text/18/2256
[8] 18 U.S.C. § 2256 (2011). https://www.law.cornell.edu/uscode/text/18/2256
[9] Merriam-Webster. (n.d.). Deepfake. In Merriam-Webster.com dictionary. Retrieved May 22, 2025, from https://www.merriam-webster.com/dictionary/deepfake
[10] Yasar, K., Barney, N., & Wigmore, I. (2024, August 13). What is deepfake technology? TechTarget. https://www.techtarget.com/whatis/definition/deepfake
[11] Yasar, K., Barney, N., & Wigmore, I. (2024, August 13). What is deepfake technology? TechTarget. https://www.techtarget.com/whatis/definition/deepfake
[12] Yasar, K., Barney, N., & Wigmore, I. (2024, August 13). What is deepfake technology? TechTarget. https://www.techtarget.com/whatis/definition/deepfake