New Federal Law Criminalizes Nonconsensual Explicit Images Including Deepfakes

On June 3, 2025, President Donald Trump signed into law the Take It Down Act, a bipartisan federal statute designed to combat the distribution of nonconsensual explicit images, including AI-generated deepfakes and revenge porn. This landmark legislation criminalizes the publication of such images, regardless of whether they are authentic or artificially created, marking a significant step in federal regulation of online content.

Under the new law, individuals who publish nonconsensual explicit photos or videos face criminal penalties including fines, imprisonment, and restitution to victims. This federal intervention comes after many states had already enacted their own bans on sexually explicit deepfakes and revenge porn, but it is the first time that federal regulators have imposed such restrictions on internet companies.

A critical provision requires social media platforms and online service providers to remove reported nonconsensual explicit content within 48 hours of receiving a notice from the victim. Additionally, platforms must take proactive steps to delete duplicate content to prevent further dissemination. This places a new operational burden on companies to enhance their content moderation capabilities.

The bill was championed by First Lady Melania Trump and sponsored by Senators Ted Cruz and Amy Klobuchar, reflecting bipartisan support. Senator Cruz cited a disturbing case where Snapchat delayed removing an AI-generated deepfake of a minor for nearly a year as a motivating factor for legislative action.

Despite broad support, the law has sparked debate among free speech advocates and digital rights groups. Critics argue that the law’s broad language could inadvertently censor legitimate content, including lawful pornography and political speech, raising concerns about overreach and potential infringement on constitutional rights.

Implications for Tech Companies and Online Platforms

The Take It Down Act compels social media platforms and other online services to implement faster and more effective content moderation systems. Platforms must develop mechanisms to identify, remove, and prevent the re-upload of nonconsensual explicit images within a strict 48-hour window. This requires investment in advanced detection technologies, including AI-driven content recognition and automated takedown workflows.

Companies face significant legal and financial risks if they fail to comply. Penalties include fines and potential liability for damages to victims. This elevates the importance of compliance programs and legal oversight in content management strategies.

Balancing Protection and Free Speech

While the law aims to protect victims from harmful nonconsensual content, it also raises complex questions about free speech and censorship. Digital rights advocates warn that overly broad definitions could suppress legitimate expression, including artistic and political content. Ongoing dialogue between lawmakers, tech companies, and civil rights groups will be essential to refine enforcement and safeguard constitutional rights.

The Take It Down Act represents a pivotal moment in the evolving landscape of digital content regulation, reflecting growing concerns about AI-generated media and online abuse. Its implementation will shape how technology platforms balance user safety with freedom of expression in the years ahead.