President Donald Trump has signed the TAKE IT DOWN Act, a new federal law aimed at curbing the spread of non-consensual AI-generated pornography. The law makes it a criminal offense to create or share explicit deepfake images without the subject’s consent, with heightened penalties when minors are involved.
Under the statute, violators face fines, prison time, or both. Platforms hosting the content, including social media sites, are required to remove offending material within 48 hours of receiving formal notice from victims or their representatives.
The law was introduced amid a wave of national concern, particularly after reports that students in multiple school districts had used generative AI tools to create explicit deepfakes of classmates. Advocacy by youth victims and their families played a central role in building momentum behind the bill. First Lady Melania Trump, invoking her long-dormant “Be Best” initiative, was a vocal supporter of the legislation. In an unusual move, the President invited the First Lady to sign the legislation as well.
While this is the first federal law to directly address deepfake pornography, it joins a growing patchwork of state efforts.
- New Jersey treats the creation or distribution of such material as a third-degree felony.
- California classifies similar offenses as misdemeanors unless perpetrated on a minor.
- Texas, Florida, and Illinois have adopted statutes with a range of criminal penalties.
- Pending bills in multiple states reflect increasing legislative urgency across the country.
Despite bipartisan support, civil liberties groups have raised concerns. Becca Branum, Deputy Director of the Center for Democracy and Technology’s Free Expression Project, cautioned that the law could invite inconsistent enforcement and flagged potential First Amendment and due process implications, particularly for content moderation platforms already navigating evolving FTC scrutiny.
Still, sponsors Sen. Ted Cruz (R-TX) and Sen. Amy Klobuchar (D-MN) maintain that the law addresses a clear and growing harm. “The Take It Down Act is an historic win for victims of revenge porn and deepfake image abuse,” Cruz wrote, adding that “Predators who weaponize new technology to post this exploitative filth will now rightfully face criminal consequences, and Big Tech will no longer be allowed to turn a blind eye to the spread of this vile material.”
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