The Take It Down Act is in full swing, intended to combat image-based sexual abuse, but it might benefit government censors more than the victims. The law mandates that social networks swiftly remove sexual deepfakes and other nonconsensual imagery, but there is skepticism about its effectiveness. Signed by President Donald Trump in 2025, the Take It Down Act criminalizes the distribution of nonconsensual intimate imagery, including both real and AI-generated content. Its takedown provision, effective from May 2026, requires online platforms to remove such material within 48 hours or face fines.
Federal Trade Commission Chair Andrew Ferguson urged tech companies to ensure easy takedown processes, threatening significant penalties for non-compliance. Major platforms like Meta, Microsoft, Google, TikTok, and Snap supported the act, claiming alignment with their existing safety measures. However, experts caution that the law could lead to over-moderation and could be used politically under the Trump administration.
Mary Anne Franks, from the Cyber Civil Rights Initiative, expressed doubts about fair enforcement and suspected the law might never be used against major tech platforms. Concerns were also raised about the potential misuse against less favored platforms or censoring speech, especially within the LGBTQ+ community. Organizations like the Electronic Frontier Foundation warned the law might lead to overreach and censorship while potentially not safeguarding against clear violations like AI-generated deepfakes.
Ultimately, while the criminal provisions of the law have seen some use, its impact on making the internet safer remains uncertain.