US enacts ‘Take It Down’ Act

On May 19, 2025, the President of the United States signed into law “Public Law 119–12”, also known as the “Tools to Address Known Exploitation by Immobilizing Technological Deepfakes on Websites and Networks Act” or the “Take It Down Act”. The Act introduces criminal penalties and regulatory obligations specifically targeting the unauthorized publication of non-consensual intimate visual depictions – both authentic and digitally forged – on interactive online platforms.

The legislation amends Section 223 of the ‘Communications Act of 1934’ to criminalize the intentional disclosure of intimate visual depictions without consent. The amended law defines key terms with legal precision: “consent” must be affirmative, conscious and voluntary; a “digital forgery” refers to computer-generated or AI-altered depictions indistinguishable from authentic visuals; and “intimate visual depiction” is as defined under the 2022 Consolidated Appropriations Act. The law also includes protections