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Trump signs ‘Take it Down Act’ to combat deepfakes and online exploitation: Here are its key aspects

Under the legislation called the “Take It Down Act,” tech companies must remove explicit images within 48 hours of notification, and if the websites fail to do so, they could face legal penalties.

4 min read
First Lady Melania Trump joins President Trump for signing of the “TAKE IT DOWN” ActFirst Lady Melania Trump joins President Trump for signing of the “TAKE IT DOWN” Act (X/Melania Trump)

United States President Donald Trump, on Monday (May 19), signed a landmark law making it illegal to share explicit images of individuals without their consent.

The legislation, called the “Take It Down Act”, targets revenge porn and aims to combat the distribution of non-consensual sexual images on the internet, including the fake images created using artificial intelligence (AI).

“With the rise of AI image generation, countless women have been harassed with deepfakes and other explicit images distributed against their will,” Trump said at a signing ceremony in the Rose Garden of the White House.

“And today we’re making it totally illegal,” the US president said. “Anyone who intentionally distributes explicit images without the subject’s consent will face up to three years in prison.”

One of the key aspects of the law is that it holds online platforms accountable for removing harmful content.

Under this, tech companies must remove explicit images within 48 hours of notification, and if the websites fail to do so, they could face legal penalties.

The bill received strong bipartisan support and was publicly backed by First Lady Melania Trump.

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Aimed at safeguarding the victims of revenge porn and non-consensual image sharing, the ones who put out such content without consent can face prison time.

“This will be the first-ever federal law to combat the distribution of explicit imagery posted without subjects’ consent,” Trump said.

“We will not tolerate online sexual exploitation,” he added.


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‘National victory’

After signing the bill, Trump passed it to his wife, Melania, to sign it, “C’mon, sign it anyway,” the US president told the first lady. “She deserves to sign it.”

Calling the law a “national victory”, Melania said that it will help families and parents to safeguard their children from “online exploitation.”

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The first lady endorsed the bill in her first solo engagement after her husband’s return to the White House.

“AI and social media are the digital candy for the next generation, sweet addictive and engineered to have an impact on the cognitive development of our children,” she said at the signing ceremony. “But unlike sugar, these new technologies can be weaponized, shape beliefs and, sadly, affect emotions and even be deadly.”

Earlier in March, Melania convened a roundtable discussion on Capitol Hill, highlighting that it was extremely “heartbreaking to witness young teens, especially girls, grappling with the overwhelming challenges posed by malicious online content.”

Key aspects of Take It Down Act

Mandatory 48-hour takedown:

The online platforms must remove content reported by the victim within 48 hours of receiving a complaint. The tech companies are also required to take “reasonable steps” to ensure that the same image is not reappearing elsewhere on their service.

Scope

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The law covers both real and digitally-created explicit images, including those generated or manipulated by artificial intelligence.

Criminalisation

The Take It Down Act makes it a crime to knowingly publish or threaten to publish explicit images of someone without their consent.

Platform Accountability

Online platforms are required to remove non-consensual intimate images promptly. Failure to comply may result in enforcement actions from the Federal Trade Commission.

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