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.

Federal vs. State NCPII Laws: How TIDA Fills the Gap

Prior to TIDA, the legal response to non-consensual intimate imagery varied dramatically by state. By 2025, more than 48 states and the District of Columbia had enacted some form of revenge porn or NCPII statute. However, these state laws differed in key respects: some required proof of intent to harm the victim; others imposed strict liability; criminal penalties ranged from misdemeanors to felonies; and civil remedies were available in some states but not others.

TIDA creates a uniform federal baseline. The federal criminal prohibition applies regardless of which state the perpetrator, victim, or hosting platform is located in. This matters enormously in the internet context, where content can be posted from one state, hosted on servers in another, and viewed by an audience worldwide. TIDA does not preempt state laws — victims can still pursue state civil and criminal remedies in addition to TIDA protections.

Platform Obligations Under TIDA

TIDA’s 48-hour takedown requirement imposes significant operational obligations on online platforms and internet service providers. To comply, platforms must:

• Establish a clear reporting mechanism that allows victims to submit takedown requests
• Process valid requests within 48 hours of receipt and remove or disable access to the offending content
• Implement reasonable technical measures to prevent re-upload of content that has already been removed pursuant to a valid takedown request
• Maintain records of takedown requests and actions taken to demonstrate compliance

Platforms that fail to comply with these obligations face potential enforcement action. TIDA’s enforcement mechanism includes both civil and criminal penalties for non-compliant platforms, in addition to the criminal liability imposed directly on perpetrators. Large platforms should review their existing content moderation policies and technical infrastructure to ensure they can meet the 48-hour processing deadline.

First Amendment Considerations and Anticipated Legal Challenges

TIDA was signed into law despite significant First Amendment concerns raised by civil liberties groups. Critics argue that the law’s broad definition of “intimate imagery” and its application to computer-generated “digital forgeries” could, under certain circumstances, reach protected speech — for example, satirical or artistic uses of public figures’ likenesses.

Courts will likely be asked to evaluate TIDA under the framework of United States v. Stevens, 559 U.S. 460 (2010), and United States v. Alvarez, 567 U.S. 709 (2012), which limited Congress’s power to criminalize speech based on its content. The government will likely argue that TIDA targets a “historically unprotected” category of speech — like obscenity or true threats — that is outside the scope of First Amendment protection.

What Victims Should Do

If you are a victim of NCPII, TIDA provides several avenues for relief:

• Submit a takedown request directly to the hosting platform using their reporting mechanism; under TIDA, the platform must respond within 48 hours
• File a report with the National Center for Missing & Exploited Children (NCMEC), which coordinates with law enforcement on NCPII cases involving minors
• Contact your local FBI field office or local law enforcement to report a potential federal crime under TIDA
• Consult with an internet attorney about civil remedies available under applicable state law, including damages for emotional distress, injunctive relief, and attorney’s fees
• Document all evidence of the NCPII — screenshots, URLs, usernames — before reporting, as platforms may remove content quickly after a report is filed

Contact the Attorneys at Revision Legal

If you have questions or need legal advice, contact the experienced attorneys at Revision Legal. Our team handles internet law matters for businesses and individuals nationwide. Call us at (855) 473-8474 or use the contact form on our website.