Congress criminalizes nonconsensual intimate images, mandates platform removal
S. 146 — TAKE IT DOWN Act · Filed by Ted Cruz (R-TX) · 21 cosponsors · Introduced Jan 16, 2025 · Signed
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What it does
This bill makes it a federal crime to knowingly publish nonconsensual intimate images or deepfake sexual images of identifiable people on social media and similar platforms without their consent, with penalties up to 2 years imprisonment for adults and 3 years for minors. It requires covered platforms to establish a takedown process allowing victims to request removal within 48 hours, and empowers the FTC to enforce these requirements as unfair or deceptive practices.
Why we flagged it
The bill's core mechanism is criminal prohibition of nonconsensual intimate image distribution and mandatory platform takedown procedures. It is fundamentally a victim-protection statute, not a platform regulation or tech sector carve-out.
What the text implies
- The 48-hour removal deadline may create operational pressure on platforms to over-remove content, potentially catching some borderline cases (e.g., images shared in medical or legal contexts that meet the statutory exceptions but are flagged in good faith). The liability shield in Section 3(4) protects platforms from suit, but does not prevent removal of lawful speech.
- The definition of 'digital forgery' relies on a 'reasonable person' standard for indistinguishability, which may be difficult to apply consistently as deepfake technology evolves. Enforcement may lag behind technical sophistication.
The full analysis lists 5 implications of this text.
Who it affects
The bill creates a direct legal remedy and criminal deterrent against a form of sexual abuse and harassment that disproportionately harms women and minors. It imposes clear obligations on platforms to respond quickly to removal requests, shifting power from abusers and platforms toward victims.