20. May 2025
Trump Signs Controversial Take It Down Act Requiring Platforms To Remove Nonconsensual Content
US President Donald Trump signed into law a bill nicknamed the Take It Down Act, requiring platforms to remove nonconsensual instances of “intimate visual depiction” within 48 hours of receiving a request. Companies that take longer or don’t comply could face penalties of roughly $50,000 per violation.
The law received support from tech firms like Google, Meta, and Microsoft, which have expressed their commitment to tackling the growing problem of nonconsensual sexual content online. These platforms have long struggled with balancing free speech with the need to protect users from explicit and potentially harmful material. The Take It Down Act is seen as a significant step forward in addressing this issue.
The law will go into effect within the next year, and enforcement will be left up to the Federal Trade Commission (FTC), which has the power to penalize companies for unfair and deceptive business practices. Other countries have enacted similar regulations requiring swift removals of sexually explicit photos or deepfakes.
Critics argue that the Take It Down Act lacks sufficient guardrails to prevent abuse by bad actors who seek to exploit the policy for their own gain. The new law is modeled on the Digital Millennium Copyright Act (DMCA), which requires internet service providers to expeditiously remove material claimed to be infringing on someone’s copyright.
Companies can be held financially liable for ignoring valid requests, motivating many firms to err on the side of caution and preemptively remove content before a copyright dispute has been resolved. However, this also allows fraudsters who abuse the DMCA takedown process to find new avenues – potentially through the Take It Down Act.
For years, fraudsters have abused the DMCA takedown process to get content censored for reasons unrelated to copyright infringements. In some cases, information is unflattering or belongs to industry competitors that they want to harm. The law includes provisions allowing fraudsters to be held financially liable when making false claims. Last year, Google secured a default judgment against two individuals accused of orchestrating a scheme to suppress competitors in the T-shirt industry by filing frivolous requests to remove hundreds of thousands of search results.
The Take It Down Act’s lack of robust deterrence provisions has raised concerns that fraudsters who may have feared DMCA penalties could find this new law less risky. The law requires only that takedown requestors exercise “good faith,” without specifying penalties for acting in bad faith. Unlike the DMCA, it doesn’t outline an appeals process for alleged perpetrators to challenge erroneous removals.
Critics say the regulation should exempt certain content, including material deemed in the public’s interest to remain online. News articles or academic research may contain sensitive information about individuals or organizations, but removing such content could compromise its integrity and value. The law’s broad definition of “intimate visual depiction” also raises concerns, as it could potentially lead to erasure of content beyond nonconsensual sexual material.
The 48-hour deadline specified in the Take It Down Act may limit how much companies can vet requests before making a decision about whether to approve them. Free speech groups contend that this could lead to removal of content not actually non-consensual, and invite abuse by similar fraudsters who took advantage of the DMCA.
The implications of the Take It Down Act are far-reaching, with its impact likely felt across various sectors and industries. As online platforms continue to balance free speech and content regulation, it’s essential that lawmakers and regulators take a nuanced approach. The law’s effectiveness in removing nonconsensual sexual content will depend on implementation and enforcement, as well as companies’ willingness to comply.
High-profile cases of deepfakes and manipulated media being used to spread misinformation or harass individuals highlight the urgent need for effective regulations to prevent their spread online. The Take It Down Act represents a significant step in this direction, but policymakers and regulators must continue monitoring its impact and making adjustments as needed to ensure it balances free speech with user protection.
The debate over the Take It Down Act will likely continue, with some arguing it’s an important victory for victims of nonconsensual content, while others see it as a threat to free speech. As the law takes effect and its implications become clearer, it’s essential to engage in a thoughtful discussion about its potential consequences and whether it strikes the right balance between protecting users and preserving online freedom of expression.
The Take It Down Act represents a significant development in addressing nonconsensual sexual content online. While garnering support from tech firms, concerns have been raised by free speech advocates about its potential for abuse and limitations. As the law takes effect, monitoring its effectiveness and making adjustments as needed will be essential to ensure it effectively balances free speech with user protection.