Bill > HR633

This bill, known as the TAKE IT DOWN Act, introduces comprehensive legal protections against nonconsensual intimate visual depictions (including deepfakes) on online platforms. The legislation creates criminal penalties for intentionally publishing intimate visual depictions or digitally forged images of individuals without their consent, with different standards for adults and minors. For adults, the publication must be intended to cause or actually cause psychological, financial, or reputational harm, while for minors, the publication must be intended to abuse, humiliate, harass, degrade, or sexually gratify someone. Covered platforms (websites and online services that host user-generated content) will be required to establish a notice and removal process that allows individuals to request the takedown of nonconsensual intimate images within 48 hours. Violations can result in fines and imprisonment up to 2-3 years, depending on the circumstances, and the bill includes provisions for forfeiture of materials and restitution. The Federal Trade Commission will have enforcement powers, and the law includes several exceptions for legitimate uses such as law enforcement, legal proceedings, medical education, and reporting unlawful content. Importantly, the bill clarifies that prior consent to creating an image does not imply consent to its publication, and the law aims to protect individuals from both authentic nonconsensual images and digitally forged representations.

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https://www.congress.gov/bill/119th-congress/house-bill/633/all-info