On 13 February 2025, the Tools to Address Known Exploitation by Immobilising Technological Deepfakes on Websites and Networks (TAKE IT DOWN) Act was passed by the Senate. The Bill criminalises the publication of non-consensual intimate imagery (NCII) on social media and other online platforms, including both authentic and AI-generated content. It mandates covered platforms to remove NCII within 48 hours of a valid request from a victim and to make reasonable efforts to eliminate copies of such material. The Bill provides a clear legal framework, outlining the obligations of platforms and setting penalties for violations, including fines and imprisonment. The Federal Trade Commission (FTC) is tasked with enforcing the Act’s notice and takedown provisions. The Act also incorporates protections for lawful disclosures, including good faith reporting to law enforcement, and maintains safeguards for free expression by limiting the scope of criminalised conduct to intentional harm.
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