Congress recently passed the Take It Down Act (“TIDA”), and the law was signed by the President in mid-May 2025. See AP media report here. Interestingly enough, “Take It Down” is an acronym for “Tools to Address Known Exploitation by Immobilizing Technological Deepfakes on Websites and Networks Act.” TIDA prohibits what is commonly called “revenge porn” and requires online platforms and service providers to remove offending content within 48 hours of a valid request from victims. Thus, the concept of “taking it down.” As noted, “revenge porn” is the common term, but the behavior is better named the non-consensual publication of intimate images (“NCPII”) and videos.
In the past, NCPII often involved authentic photos or videos made by consenting adults, but also made with the expectation that the images/videos would remain private. The “revenge” part came — often — when the relationship ended. An angry, jilted romantic partner would post the images/videos online to harass, embarrass, or otherwise harm their ex-lover.
However, in the last half-decade, computer-generated images and artificial intelligence modules have created the problem of pornographic deep fake images and videos. That is, real-looking, computer-generated pornography depicting identifiable, real people like Hollywood celebrities. TIDA identifies such computer-generated images (“CGI”) as “digital forgeries.” TIDA prohibits non-consensual publication of both authentic and CGI intimate images.
The TIDA makes NCPII a federal crime. Those convicted face up to 2 years in prison and up to 3 years in prison if the images/videos involve minors. Those convicted also face mandatory restitution to victims requirements along with the possibility of hefty fines. The elements of the crime are:
- Intent
- Publication of
- Intimate images
- Without the consent to publication by the subject and
- Without the consent of the subject, where the images were computer-generated or, for authentic depictions, where the images were created under circumstances where the subject had a reasonable expectation of privacy
As noted, a separate section of the TIDA requires internet providers and online platforms to establish procedures for the removal of NCPII. Such removal must generally occur within 48 hours of a proper notification from a victim.
Enforcement of the TIDA will be undertaken by the Federal Trade Commission. Note that most States also criminalize NCPII. Thus, now, a perpetrator faces the possibility of being prosecuted by both the federal government and their local State government.
Note that the TIDA does not address civil litigation and does not contain any sort of private right of action. However, under State laws, civil damages can be recovered. If you have been a victim of NCPII, you can sue for compensation for an intentional harmful action (often phrased as a defamation claim) or for some type of negligence claim. Victims can recover for:
- Any physical harm caused by the publication, including costs for any sort of medical bills, medications, etc.
- Emotional distress, again, including costs for medical bills, therapies, etc.
- Lost wages and earnings (where causation can be shown)
- Damage to reputation and the victim’s “good name”
- Other financial losses
- And more
Contact the “Revenge Porn” Defamation Attorneys at Revision Legal
For more information, contact the experienced “Revenge Porn” Defamation Lawyers at Revision Legal. You can contact us through the form on this page or call (855) 473-8474.
