President Donald Trump on Monday signed into law the “Take It Down Act”, a bipartisan bill that makes it a federal crime to publish real or fake sexually explicit images of individuals without their consent, including deepfakes generated by artificial intelligence. The legislation aims to tackle a growing online crisis of non-consensual intimate imagery (NCII), offering new legal tools for victims but raising alarms among digital rights advocates.

The bill, formally titled the “Tools to Address Known Exploitation by Immobilizing Technological Deepfakes on Websites and Networks Act”, introduces a 48-hour takedown mandate for websites and platforms, requiring swift removal of explicit content when a victim requests it. Failure to comply could lead to civil penalties or criminal prosecution for distributors.

“This will be the first-ever federal law to combat the distribution of explicit imagery posted without subjects’ consent,” President Trump said at the White House signing event. “We will not tolerate online sexual exploitation.”

First Lady Melania Trump, who made a rare public appearance at the Capitol in March to support the bill, attended the signing and called the law a “national victory” for families seeking protection from digital abuse.

“This toxic environment can be severely damaging,” she said. “Artificial intelligence and social media are the digital candy for the next generation—sweet, addictive, and engineered to impact their development. This law gives parents a tool to protect their children.”

The Take It Down Act makes it a federal offense to knowingly distribute non-consensual intimate imagery, including AI-generated deepfakes, through interstate commerce. It also:

• Mandates removal within 48 hours of a valid notice from a victim
• Requires “reasonable efforts” to remove copies and derivatives
• Applies to images and videos, whether real or synthetically generated
• Imposes criminal penalties for intentional violators

Major tech platforms including Meta, TikTok, and Snapchat have publicly supported the legislation, citing its alignment with ongoing efforts to improve online safety and content moderation.

Despite bipartisan support and tech industry backing, the law has been met with fierce criticism from digital rights organizations, privacy advocates, and free speech watchdogs. Critics argue the law’s vague language, broad definitions, and lack of safeguards could open the door to overreach and censorship.

“The takedown provision applies to far more than NCII—it could cover any image with sexual content, even legal, consensual content,” said one legal analyst. “Without an anti-abuse mechanism or verification process, bad-faith takedown requests could silence journalists, artists, or critics.”

Others warn that the law’s requirements could force smaller platforms to preemptively delete flagged content without verification to avoid legal liability. The 48-hour deadline is seen as especially problematic for services lacking the resources of large tech firms.

Another major concern is the potential threat to end-to-end encrypted services, like secure messaging apps and cloud storage platforms. These tools, by design, do not allow providers to access user content, raising questions about how they can comply with takedown demands.

“Victims often rely on encryption to store evidence or communicate safely,” warned one civil liberties group. “This law may pressure companies to abandon encryption, undermining privacy for everyone—including the very people it claims to protect.”

Opponents argue that existing federal and state laws already provide a wide array of remedies against NCII, harassment, defamation, and extortion. Since 2022, federal civil remedies have been available for NCII victims, and 48 states have criminalized the distribution of such content.

Rather than creating sweeping new rules that risk suppressing lawful speech, critics say Congress should focus on strengthening enforcement of current laws and improving reporting infrastructure.

“We don’t need a new censorship regime,” said one advocate. “We need better tools and support for victims, not broad mandates that platforms can’t realistically or fairly implement.”

The Take It Down Act reflects growing bipartisan concern over the weaponization of AI and digital imagery, especially against women and minors. But while the intention to protect victims is widely supported, the legislation’s implementation will likely face judicial scrutiny, technical challenges, and calls for amendment as the law takes effect.