TAKE IT DOWN Act

This law prohibits the nonconsensual online publication of intimate visual depictions, including both authentic images and computer-generated deepfakes, and establishes criminal penalties and mandatory restitution for violators. It requires online platforms that host user-generated content to create a notification process for victims and mandates the removal of unauthorized intimate depictions within 48 hours of a request. Additionally, the law criminalizes threats to publish such depictions regardless of whether the content is real or digitally created.

This bill affects individuals whose intimate visual depictions, whether authentic or computer-generated, are published online without their consent, including both adults and minors. It also impacts covered platforms, defined as public websites, online services, or applications that primarily host user-generated content, by requiring them to establish removal processes for such depictions. Additionally, the legislation applies to individuals who publish or threaten to publish these depictions, subjecting them to criminal penalties and mandatory restitution.

• Prohibition of nonconsensual intimate visual depictions. The bill prohibits the online publication of authentic or computer-generated intimate depictions of adults without consent when intended to cause harm, as well as depictions of minors intended for abuse, harassment, or sexual gratification.
• Criminal penalties and restitution for violators. Individuals who publish or threaten to publish prohibited intimate visual depictions are subject to criminal penalties, including fines and imprisonment, as well as mandatory restitution to the victims.
• Mandatory removal requirements for online platforms. Covered platforms must establish a notification process for subjects to request the removal of nonconsensual intimate depictions and are required to remove such content within 48 hours of receiving notice.
• Definition of covered platforms. The requirements apply to public websites, online services, or applications that primarily serve as a forum for user-generated content.

The bill aims to prevent the nonconsensual online publication of authentic and computer-generated intimate visual depictions by establishing criminal penalties for violators and requiring online platforms to remove such content within 48 hours of notification.