US House of Representatives Pass the Take it Down Act

On April 28, 2025, the US House of Representatives voted 409-2 to pass S.146, the Take it Down Act.  The bill aims to stop the misuse of Artificial Intelligence (AI) created illicit imagery and Deepfake Abuse. The bill will be enforced by the Federal Trade Commission (FTC).

The bill requires online platforms to remove nonconsensual intimate imagery (NCII) within 48 hours of a request. The bill also makes it illegal for a person to "knowingly publish" authentic or synthetic NCII and outlines separate penalties for when the image depicts an adult or a minor. 

Free speech advocates and digital rights groups say the bill is too broad and could lead to censorship of legitimate images. Other critics, such as the Cyber Civil Rights Initiative, an organization dedicated to protecting victims of online sexual abuse, are concerned that the bill “is an alarming expansion of the FTC's enforcement authority.”

As the regulatory framework around AI and digital privacy evolves, companies developing or deploying AI, or engaging in content moderation will need to be alert to shifting expectations around accountability and enforcement priorities.