By Prof Bill Mikhail.
On May 19, 2025, President Donald Trump signed the Take It Down Act into law during a White House Rose Garden ceremony, a significant milestone in the fight against non-consensual intimate imagery (NCII), including AI-generated deepfakes. Officially titled the Tools to Address Known Exploitation by Immobilizing Technological Deepfakes on Websites and Networks Act, this bipartisan legislation establishes the first federal law in the United States to criminalize the distribution of explicit images—real or fabricated—without consent. The signing reflects a unified effort to protect victims and address the ethical challenges of artificial intelligence.
The rapid advancement of AI has enabled the creation of hyper-realistic deepfakes, often misused to produce non-consensual pornography that disproportionately harms women and girls. A 2019 study revealed that 96% of deepfake videos online were explicit and non-consensual, causing severe emotional and reputational damage. At the signing ceremony, President Trump emphasized the urgency of the issue, stating, “Countless women have been harassed with deepfakes and other explicit images distributed against their will. This is wrong, and it’s just so horribly wrong.” He highlighted the personal toll, adding that many victims struggle to recover from such violations.
Introduced by Senators Ted Cruz and Amy Klobuchar in June 2024, the Take It Down Act garnered overwhelming bipartisan support, passing unanimously in the Senate in February 2025 and by a 409-2 vote in the House in April. The law imposes penalties of up to two years in prison for distributing NCII involving adults and three years for minors, along with fines. It mandates that social media platforms and websites remove reported NCII within 48 hours of a victim’s request, with the Federal Trade Commission (FTC) authorized to enforce compliance. By addressing both real and AI-generated imagery, the law fills a critical legal gap.
The legislation was inspired by real-world cases, such as the 2023 incident in Aledo, Texas, where 14-year-old Elliston Berry was targeted with AI-generated nude images shared on Snapchat, and the 2024 harassment of 15-year-old Francesca Mani in New Jersey, where classmates circulated deepfake images. These stories rallied support from over 100 organizations, including Meta, Google, TikTok, and the National Center for Missing & Exploited Children. First Lady Melania Trump, a key advocate through her “Be Best” anti-cyberbullying initiative, praised the law as a “national victory” for protecting families from digital exploitation.
Some digital rights groups, such as the Center for Democracy & Technology, have expressed concerns about the law’s 48-hour takedown requirement, suggesting it could lead to over-censorship of lawful content like journalism or satire. To address these issues, amendments by Sen. Cory Booker clarified that the law applies only to public-facing platforms, reducing potential impacts on private communications. These adjustments reflect a careful effort to balance victim protections with free speech considerations.
The Take It Down Act is particularly significant for schools, where deepfake abuse has become a growing challenge. Cases like those of Berry and Mani exposed the lack of clear protocols, leaving educators and law enforcement struggling to respond. The new law provides a federal framework to empower schools and deter future incidents. Jason Alleman, principal of Laguna Beach High School, which faced similar issues in 2024, commended the legislation as a vital step but emphasized the importance of educating students about responsible AI use.
By enacting the Take It Down Act, the United States takes a leading role in regulating AI-generated content, joining countries like China with stringent deepfake laws. The legislation aligns with other proposed measures, such as the NO FAKES Act, signaling a broader commitment to addressing AI’s ethical challenges. Dorota Mani, Francesca’s mother, who attended the signing, celebrated the law’s potential to support victims and schools. With President Trump’s declaration, “Today we’re making it totally illegal,” the Take It Down Act offers hope to those affected by digital abuse, paving the way for a safer online environment.
