Historic Federal Law Targeting Revenge Porn, Explicit Deepfakes Heads to President Trump’s Desk

Washington D.C. – A landmark piece of federal legislation aimed at combating the proliferation of nonconsensual intimate imagery and sexually explicit deepfakes is poised to become law.

The bipartisan Take It Down Act, a measure years in the making, is expected to be signed into law by President Trump on Monday, May 19, 2025. This bill represents the first significant federal attempt to create a legal framework addressing both “revenge porn” – the sharing of nude or sexually explicit images of an individual without their consent – and the increasingly sophisticated threat of sexually explicit deepfakes.

Understanding the Legislation’s Core Provisions

The Take It Down Act establishes clear criminal penalties for the publication of such nonconsensual imagery. Beyond criminalization, one of the act’s most impactful provisions mandates action from the technology sector: it requires tech platforms to remove reported instances of nonconsensual intimate imagery and sexually explicit deepfakes within a strict 48-hour timeframe.

Proponents argue that this rapid takedown requirement is critical. Victims of nonconsensual image sharing and deepfake exploitation often face immense psychological distress and reputational damage. The immediate and widespread dissemination of these images online can make effective removal a daunting, often impossible, task for individuals acting alone. The legislation aims to place a legal onus on platforms to respond swiftly to verified reports, potentially mitigating the long-term harm to victims.

Defining the Threats: Revenge Porn vs. Deepfakes

The act specifically targets two distinct but related categories of harmful content. “Revenge porn,” as commonly understood, involves the distribution of genuine, often private, intimate photos or videos of an individual without their permission, typically by a former partner.

Deepfakes, on the other hand, represent a newer, technologically advanced threat. According to insights shared by tech journalist Laurie Segall, CEO of Mostly Human Media, in discussions surrounding the law, deepfakes are defined as “AI-generated sexually explicit images not of the actual person.” These manipulated images or videos are created using artificial intelligence and machine learning techniques to digitally superimpose a person’s face onto the body of another, often in sexually explicit scenarios, without their consent or involvement. The convincing nature of these fakes makes them particularly insidious, as they can create entirely fabricated scenarios that appear real.

A Bipartisan Path Forward

The Take It Down Act’s passage through Congress is notable for its largely bipartisan support. Lawmakers from across the political spectrum coalesced around the need to address the harms inflicted by the nonconsensual sharing of intimate content, recognizing the severe emotional and psychological trauma experienced by victims who struggle tirelessly to get such images removed from online spaces.

The rise of sophisticated AI tools capable of generating convincing deepfakes has added urgency to legislative efforts. While existing laws in some states have attempted to tackle nonconsensual pornography, a federal standard has been lacking, creating a patchwork of protections that advocates argued was insufficient in the age of instantaneous global digital sharing.

Concerns and Potential Challenges

Despite broad support, the legislation has not been without its critics or points of concern. While acknowledging the vital need to protect victims, some raise questions about the potential for overreach in the law’s implementation.

Specifically, concerns exist regarding how tech companies will interpret and enforce the 48-hour removal mandate. Critics worry that the pressure to quickly remove reported content could lead to platforms erring on the side of caution, potentially resulting in the censorship of legitimate or non-offending content. The process for verifying whether an image or video truly violates the law and whether the subject consented to its publication is complex, and the speed requirement adds pressure to these decisions. Balancing victim protection with free speech considerations and avoiding algorithmic bias in content moderation remains a critical challenge.

Looking Ahead

As the Take It Down Act awaits President Trump’s signature, its enactment will mark a pivotal moment in U.S. federal law concerning online privacy and safety. It signifies a legislative attempt to keep pace with the evolving digital landscape and the new forms of harm enabled by technology, from the long-standing issue of nonconsensual image sharing to the emerging threat of AI-generated deepfakes.

The focus will now shift to the implementation phase, where the regulations governing the law’s enforcement and the responses of technology platforms will determine its ultimate effectiveness in protecting individuals while navigating the complexities of online content moderation.