President Donald Trump signed the Take It Down Act into law on Monday, imposing stricter penalties for distributing non-consensual explicit images, including deepfakes and revenge porn. This bipartisan legislation aims to protect victims from further harm caused by these types of images being shared online.
Key Provisions of the Act
- Criminal Penalties: The bill imposes criminal penalties on those who publish non-consensual explicit images, including fines, imprisonment, and restitution.
- Content Removal: Social media companies and online platforms must remove such material within 48 hours of notice from the victim.
- Federal Regulation: This marks a significant development in regulating internet companies at a federal level regarding sexually explicit deepfakes and revenge porn.
Background and Support
Many states have already banned these types of materials, but this is one of the few instances where federal regulators will impose restrictions on internet companies. Senator Ted Cruz cited an instance where Snapchat refused for nearly a year to remove an AI-generated deepfake image featuring him with his wife when he was 14 years old as inspiration behind his actions.
Senator Cruz sponsored this bill alongside Senator Amy Klobuchar (D-Minn). First Lady Melania Trump played a key role in lobbying for this bill, which aims to protect victims from further harm caused by non-consensual explicit images being shared online.
Additional Requirements for Social Media Companies
The Take It Down Act requires social media companies to:
- Delete Duplicate Content: If someone shares multiple copies of an image or video that violates the law, each copy must be removed within 48 hours after it is flagged by someone who has been harmed by it.
- Comply with Section 230 Reform Laws: Under new rules imposed by Congress, social media companies are now prohibited from profiting off any illegal activity related to child sexual abuse material. They must also:
- Report all instances involving child sexual abuse material.
- Restrict users younger than age sixteen unless parents have given consent.
- Avoid using algorithms designed specifically with children in mind.
Implications for Social Media Giants
Social media giants like Meta Platforms Inc., Alphabet Inc.’s Google unit YouTube LLC, Twitter Inc., TikTok owner ByteDance Ltd., and Snap Inc.’s Snapchat app will be impacted most directly.
Marc Zwillinger, founder and managing partner at Zwillinger Law Group PC, stated, "Any company that allows users younger than age sixteen onto their platform without parental consent could face civil liability." He emphasized the need for additional safeguards, such as requiring minors’ parents or guardians to provide proof before allowing access.
Copyright Considerations
The Take It Down Act also requires social media companies to:
- Remove content violating U.S. copyright laws.
- Delete duplicate copies immediately after receiving notice about them.
David Greene, senior counsel at the Center for Democracy & Technology, noted, "This means if you post something copyrighted elsewhere you’ll get hit with two strikes." He clarified that while posting one’s own work should not pose a problem, posting someone else’s work could lead to legal consequences depending on the license agreement.
Greene added, "This act does not change existing copyright laws; it just adds another layer on top so people know what kind of behavior isn’t allowed anymore."
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