US SB146: TAKE IT DOWN Act

In one paragraph

The federal TAKE IT DOWN Act (S. 146) makes it a crime to knowingly publish online, in specified circumstances, nonconsensual intimate images of an identifiable person, including 'digital forgeries' made with software, machine learning or AI that look authentic, and to threaten to do so; prison terms reach 2 years (adult victims) or 3 years (minors). Covered platforms that host user-generated content had until May 19, 2026, one year after enactment, to set up a notice-and-removal process, and must remove reported images within 48 hours; the FTC enforces. Signed May 19, 2025 (Public Law 119-12); the criminal provisions applied from enactment.

Plain-English summary, written with AI assistance. The official text controls.

What it means for business

Websites and apps hosting user-generated content must run a notice-and-removal process (required from May 19, 2026) and take down reported nonconsensual intimate images, including AI deepfakes, within 48 hours; the FTC treats failures as unfair or deceptive practices.

Key provisions

1. 1Adds 47 U.S.C. 223(h): no one may knowingly publish, through an interactive computer service, an intimate image of an identifiable adult taken where privacy was expected, or a digital forgery published without consent, if not voluntarily exposed in public, not a matter of public concern, and intended to cause or causing harm
2. 2Digital forgery: an intimate visual depiction of an identifiable individual created with software, machine learning, artificial intelligence or other technological means, including by altering a real image, that a reasonable person would find indistinguishable from an authentic depiction
3. 3Publishing such images or forgeries of a minor with intent to abuse, humiliate, harass or degrade the minor or to arouse or gratify sexual desire is a separate offense
4. 4Penalties: fines and up to 2 years in prison (adults) or 3 years (minors); intentional threats to publish forgeries up to 18 months (adults) or 30 months (minors); mandatory forfeiture and restitution. Consent to creating an image, or sharing it with someone, is not consent to publication
5. 5Exceptions for law enforcement and intelligence activities, good-faith disclosures (to police, in legal proceedings, for medical, scientific or educational purposes, or to report unlawful content), disclosures to help the person depicted, and a person's own images
6. 6Covered platforms: public websites, online services and apps that primarily host user-generated content or regularly publish nonconsensual intimate imagery (broadband providers and email excluded). By May 19, 2026 they must offer a notice-and-removal process with a clear, plain-language notice of it
7. 7On a valid signed request, a platform must remove the image as soon as possible and within 48 hours and make reasonable efforts to remove known identical copies; good-faith removals are shielded from liability; failure to reasonably comply is treated as a violation of an FTC rule on unfair or deceptive practices, nonprofits included
8. 8Passed the Senate February 13, 2025 and the House April 28, 2025 (House companion H.R. 633); signed May 19, 2025 (Public Law 119-12, 139 Stat. 55); platform notice-and-removal duties from May 19, 2026

Latest legislative action

May 19, 2025. Became Public Law No: 119-12.