Take It Down Act: Fighting Deepfake Porn, Falling Short

In an era where artificial intelligence can create hyper-realistic fake videos with a few clicks, nonconsensual deepfake pornography has become a growing menace. These digitally manipulated videos, often depicting individuals in explicit scenarios without their consent, are spreading rapidly online, causing profound emotional and reputational harm.

In response, the U.S. Congress passed the Take It Down Act in December 2024, a bipartisan effort to curb this abuse. While the law marks progress, it has significant limitations that leave victims vulnerable. Here’s a look at what the Take It Down Act does, where it falls short, and what more needs to be done.

What Is the Take It Down Act?

The Take It Down Act aims to protect victims of nonconsensual deepfake pornography by criminalizing the intentional sharing of such content. Signed into law in late 2024, it empowers federal authorities to prosecute those who knowingly distribute deepfake porn, with penalties including up to seven years in prison. The law also allows victims to pursue civil lawsuits against perpetrators, offering a legal pathway to seek damages.

A key feature of the Act is its mandate for online platforms to remove nonconsensual deepfake content within 48 hours of a victim’s request. Platforms that fail to comply face fines, incentivizing swift action. This provision acknowledges the urgency of stopping the spread of harmful content, as deepfakes can go viral in hours, amplifying victims’ distress.

The law’s passage reflects growing alarm over AI-driven abuse. High-profile cases, like deepfake porn targeting celebrities such as Taylor Swift in 2024, have underscored the issue’s severity. However, the problem extends far beyond public figures, affecting private individuals—especially women—who often face greater barriers to recourse.

Why the Take It Down Act Matters

The Act is a landmark step in addressing a uniquely modern problem. Before its passage, victims of nonconsensual deepfakes had limited legal options. Existing laws, often designed for physical media or traditional revenge porn, didn’t fully account for AI-generated content. The Take It Down Act bridges this gap by explicitly targeting deepfakes, sending a clear message that such exploitation is unacceptable.

By holding platforms accountable, the law also shifts some responsibility from victims to the tech ecosystem. Social media sites, adult content platforms, and other online spaces have historically been slow to act on nonconsensual content, citing free speech or technical challenges. The 48-hour removal requirement forces these companies to prioritize victim safety over profit or inaction.

For victims, the ability to sue perpetrators offers a chance at justice and financial recovery. Deepfake porn can lead to job loss, social ostracism, and severe mental health impacts. Civil remedies provide a way to address these harms, particularly for those who lack the resources to navigate complex legal systems.

Where the Take It Down Act Falls Short

Despite its strengths, the Take It Down Act has notable gaps that limit its effectiveness. First, it only applies to content shared “knowingly.” This means perpetrators can evade liability by claiming ignorance, even if they were reckless or negligent. For example, someone who shares a deepfake without verifying its authenticity could dodge prosecution, leaving victims without recourse.

Second, the law’s enforcement relies heavily on victims reporting content themselves. Identifying and reporting every instance of a deepfake is a daunting task, especially when content spreads across multiple platforms or jurisdictions. Victims, already traumatized, must bear the burden of tracking down and flagging material, which can feel like revictimization.

Third, the Act doesn’t address the root of the problem: the creation and accessibility of deepfake technology. Tools to generate deepfakes are widely available, often for free or at low cost, and require minimal technical skill. The law penalizes distribution but does nothing to regulate the tools or platforms that enable deepfake creation, allowing the cycle of abuse to continue.

Finally, the law’s focus on U.S.-based platforms and perpetrators limits its reach. The internet is global, and much deepfake content originates from or is hosted on servers outside U.S. jurisdiction. International cooperation is essential to tackle this issue, but the Take It Down Act lacks provisions for cross-border enforcement.

What More Can Be Done?

To truly combat nonconsensual deepfake porn, policymakers and tech companies must go beyond the Take It Down Act. Here are some steps forward:

• Strengthen Legal Standards: Amend the law to include reckless or negligent sharing of deepfakes, closing the “knowingly” loophole. This would hold sharers accountable for failing to verify content’s authenticity.
• Proactive Platform Accountability: Require platforms to use AI-driven detection tools to identify and remove deepfake porn before victims report it. Companies like Meta and Google have the resources to develop such systems but need regulatory pressure to act.
• Regulate Deepfake Tools: Introduce licensing or restrictions for AI tools capable of generating deepfakes, similar to regulations for other harmful technologies. This could limit access to bad actors while preserving legitimate uses, like entertainment or art.
• Global Cooperation: Work with international partners to create unified standards and enforcement mechanisms for combating deepfake porn. Treaties or agreements could ensure that content hosted abroad is still subject to removal or prosecution.
• Support for Victims: Fund public awareness campaigns and support services to help victims navigate the legal and emotional fallout of deepfake abuse. Nonprofits and advocacy groups could play a key role with proper resources.

Looking Ahead

The Take It Down Act is a critical first step in the fight against nonconsensual deepfake pornography, offering victims new protections and holding platforms accountable. However, its limitations highlight the need for a more comprehensive approach. As AI technology evolves, so must our strategies to combat its misuse. By closing legal loopholes, regulating deepfake tools, and fostering global cooperation, we can better protect individuals from this invasive form of digital abuse.

For now, the Act sends a powerful message: victims are not alone, and perpetrators will face consequences. But to truly turn the tide, we need bolder action to match the scale of the problem.

If you or someone you know is affected by nonconsensual deepfake content, contact local authorities or advocacy organizations for support. Resources like the Cyber Civil Rights Initiative offer guidance for victims.