WHAT THE LAW DOINCongress, in plain words

S. 146 · 119th Congress · Public Law 119-12

TAKE IT DOWN Act

Became lawAI-drafted · 0 of 1 human reviewsScience, Technology, Communications
IntroducedJan 16, 2025
Passed SenateFeb 13, 2025
Passed HouseApr 28, 2025
To PresidentMay 19, 2025
Became lawMay 19, 2025
AI-drafted · 0 of 1 human reviewsBill text used: Enrolled bill, as signed into law (Public Law 119-12) · updated Oct 26, 2026

This breakdown was drafted by AI from the official documents and passed our automatic checks: every quoted word was found in its source, and every number comes from an official record. A person must review it before we mark it reviewed. Tap any small number to see the exact words a sentence rests on.

At a glance

Sourced
  • It is now a federal crime to post sexual images of a real person online without their consent.
    4it shall be unlawful for any person, in interstate or foreign commerce, to use an interactive computer service to knowingly publish an intimate visual depiction of an identifiable individual who is not a minor[4] S. 146 as passed by both chambers (enrolled) · Sec. 2(a)(2) → inserted (h)(2)(A)
  • That includes fake images made with AI that look real.
    4created through the use of software, machine learning, artificial intelligence, or any other computer-generated or technological means[4] S. 146 as passed by both chambers (enrolled) · Sec. 2(a)(2) → inserted (h)(1)(B)
  • Websites and apps where users post content must take such an image down within 48 hours after the person in it asks.
    4not later than 48 hours after receiving such request[4] S. 146 as passed by both chambers (enrolled) · Sec. 3(a)(3)
  • The bill became law on May 19, 2025.
    12025-05-19 | Library of Congress | Became Public Law No: 119-12.[1] Official bill status record for S. 146 · Actions, 2025-05-19

What it would mean for you

Sourced

If someone posts an intimate image of you

You can make the site take it down within 48 hours

If you are a parent

Posting images of a minor carries a longer sentence

If you run a website, forum, or app

You need a way for people to ask for removal

If you post things online

Flagged posts can come down before anyone checks

  • A site cannot be sued for removing a flagged image in good faith, even if the image turns out to be legal.
    4regardless of whether the intimate visual depiction is ultimately[4] S. 146 as passed by both chambers (enrolled) · Sec. 3(a)(4)
  • The law's process is only for asking a site to remove an image, not for asking to put a post back.
    4submit a request for the covered platform to remove such intimate visual depiction[4] S. 146 as passed by both chambers (enrolled) · Sec. 3(a)(1)(A)(ii)

What this bill does not do

Sourced

Current law vs. the bill

Sourced

Every place the bill changes existing law. On the left, the law as it stands today, quoted from the U.S. Code. On the right, the bill's words.

47 U.S.C. 223(h)Adds a new subsection

Current law

Nothing in subsection (a), (d), (e), or (f) or in the defenses to prosecution under subsection (a) or (d) shall be construed to affect or limit the application or enforcement of any other Federal law.
6Nothing in subsection (a), (d), (e), or (f) or in the defenses to prosecution under subsection (a) or (d) shall be construed to affect or limit the application or enforcement of any other Federal law.[6] 47 U.S.C. 223, U.S. Code 2024 edition (law before the Act) · (g)

Before the law, this section went straight from subsection (g) to the definitions in (h). The word "intimate" does not appear anywhere in it.

The bill

Intentional disclosure of nonconsensual intimate visual depictions
4Intentional disclosure of nonconsensual intimate visual depictions[4] S. 146 as passed by both chambers (enrolled) · Sec. 2(a)(2) → inserted (h)
In plain words: A new subsection (h) creates the crimes, penalties, and exceptions described above.
4by inserting after subsection (g) the following:[4] S. 146 as passed by both chambers (enrolled) · Sec. 2(a)(2)
47 U.S.C. 223(h) → (i)Renumbers

Current law

(h) Definitions
6(h) Definitions[6] 47 U.S.C. 223, U.S. Code 2024 edition (law before the Act) · (h)

The bill

by redesignating subsection (h) as subsection (i)
4by redesignating subsection (h) as subsection (i)[4] S. 146 as passed by both chambers (enrolled) · Sec. 2(a)(1)
In plain words: The old definitions subsection keeps its words but becomes subsection (i).
4by redesignating subsection (h) as subsection (i)[4] S. 146 as passed by both chambers (enrolled) · Sec. 2(a)(1)
47 U.S.C. 223(e)(1)Adds words

Current law

No person shall be held to have violated subsection (a) or (d) solely for providing access or connection
6No person shall be held to have violated subsection (a) or (d) solely for providing access or connection[6] 47 U.S.C. 223, U.S. Code 2024 edition (law before the Act) · (e)(1)

The bill

by striking or (d) and inserting , (d), or (h)
4by striking or (d) and inserting , (d), or (h)[4] S. 146 as passed by both chambers (enrolled) · Sec. 2(b)
In plain words: An existing defense for companies that only provide internet access or connection now covers the new crimes too.
4Section 223(e)(1) of the Communications Act of 1934 (47 U.S.C. 223(e)(1)) is amended by striking or (d) and inserting , (d), or (h).[4] S. 146 as passed by both chambers (enrolled) · Sec. 2(b)
New section (codified at 47 U.S.C. 223a)New section

Current law

New: nothing here today.

The bill

a covered platform shall establish a process whereby an identifiable individual
4a covered platform shall establish a process whereby an identifiable individual[4] S. 146 as passed by both chambers (enrolled) · Sec. 3(a)(1)(A)
In plain words: A new set of rules makes covered sites run a takedown process. There was no federal takedown duty before.
4a covered platform shall establish a process whereby an identifiable individual[4] S. 146 as passed by both chambers (enrolled) · Sec. 3(a)(1)(A)

What the bill decides, and what it leaves to others

Sourced

Written into the bill

These take effect exactly as written.

Left to agencies or states

The real effect depends on rules someone else writes later.

Section by section

Sourced
Sec. 1 Short title
Names the law the TAKE IT DOWN Act.
4or the TAKE IT DOWN Act[4] S. 146 as passed by both chambers (enrolled) · Sec. 1
Sec. 2 New federal crimes
It adds a new part to an existing federal law on harassing communications, 47 U.S.C. 223.
4Section 223 of the Communications Act of 1934 (47 U.S.C. 223) is amended[4] S. 146 as passed by both chambers (enrolled) · Sec. 2(a)
For adults, it is a crime to knowingly post a real intimate image if the person expected privacy and the post is meant to cause harm or does cause harm.
4had a reasonable expectation of privacy[4] S. 146 as passed by both chambers (enrolled) · Sec. 2(a)(2) → inserted (h)(2)(A)(i)is intended to cause harm; or[4] S. 146 as passed by both chambers (enrolled) · Sec. 2(a)(2) → inserted (h)(2)(A)(iv)(I)causes harm, including psychological, financial, or reputational harm[4] S. 146 as passed by both chambers (enrolled) · Sec. 2(a)(2) → inserted (h)(2)(A)(iv)(II)
Posting a realistic fake of an adult is a crime if it is posted without consent and is meant to cause harm or does cause harm.
4the digital forgery was published without the consent of the identifiable individual[4] S. 146 as passed by both chambers (enrolled) · Sec. 2(a)(2) → inserted (h)(3)(A)(i)
Agreeing to have a photo taken is not agreeing to have it posted.
4the fact that the identifiable individual provided consent for the creation of the intimate visual depiction shall not establish that the individual provided consent for the publication[4] S. 146 as passed by both chambers (enrolled) · Sec. 2(a)(2) → inserted (h)(5)(A)
Threatening to post such images is also a crime.
4Any person who intentionally threatens to commit an offense under paragraph (2)[4] S. 146 as passed by both chambers (enrolled) · Sec. 2(a)(2) → inserted (h)(6)(A)
People who are convicted must give up the images and any money they made, and pay their victims.
4any material distributed in violation of that paragraph[4] S. 146 as passed by both chambers (enrolled) · Sec. 2(a)(2) → inserted (h)(7)(A)(i)The court shall order restitution[4] S. 146 as passed by both chambers (enrolled) · Sec. 2(a)(2) → inserted (h)(8)
Sec. 3 Notice and removal
Within 1 year, covered sites and apps had to set up a way for people to ask for removal of these images.
4Not later than 1 year after the date of enactment of this Act, a covered platform shall establish a process[4] S. 146 as passed by both chambers (enrolled) · Sec. 3(a)(1)(A)
After a valid request, the site must remove the image within 48 hours.
4not later than 48 hours after receiving such request[4] S. 146 as passed by both chambers (enrolled) · Sec. 3(a)(3)
The FTC enforces these duties, including against nonprofits.
4the Commission shall enforce this section[4] S. 146 as passed by both chambers (enrolled) · Sec. 3(b)(2)(A)organizations that are not organized to carry on business for their own profit[4] S. 146 as passed by both chambers (enrolled) · Sec. 3(b)(2)(D)
Sec. 4 Definitions
A covered platform is a public website or app that mainly hosts posts from users.
4that serves the public; and[4] S. 146 as passed by both chambers (enrolled) · Sec. 4(3)(A)(i)that primarily provides a forum for user-generated content[4] S. 146 as passed by both chambers (enrolled) · Sec. 4(3)(A)(ii)(I)
It leaves out internet providers and email.
4A provider of broadband internet access service[4] S. 146 as passed by both chambers (enrolled) · Sec. 4(3)(B)(i)Electronic mail.[4] S. 146 as passed by both chambers (enrolled) · Sec. 4(3)(B)(ii)

What changed between versions

Sourced

is → es

No changes to the wording.

es → enr

No changes to the wording.

Version codes: ih/is = as introduced, rh/rs = as reported by committee, eh/es = as passed by one chamber, enr = final text sent to the President.

Cost

Sourced

Analysis

Analysis

Every bill gets the same five questions. Arguments are attributed to the people who made them, and each side gets about the same space.

Path to law

  • The Senate passed the bill without a recorded vote, by unanimous consent.
    1Passed Senate without amendment by Unanimous Consent.[1] Official bill status record for S. 146 · Actions, 2025-02-13
  • The House passed it 409 to 2 under a fast-track procedure that needs a two-thirds vote.
    1On motion to suspend the rules and pass the bill Agreed to by the Yeas and Nays: (2/3 required): 409 - 2 (Roll no. 104)[1] Official bill status record for S. 146 · Actions, 2025-04-28
  • The President signed it on May 19, 2025.
    12025-05-19 | Library of Congress | Signed by President.[1] Official bill status record for S. 146 · Actions, 2025-05-19

Balance of power

  • The law gives the FTC a new job: policing whether sites remove specific images on time.
    4A failure to reasonably comply with the notice and takedown obligations under subsection (a) shall be treated as a violation[4] S. 146 as passed by both chambers (enrolled) · Sec. 3(b)(1)
  • It also lets the FTC act against nonprofits, which it normally cannot reach.
    4or any jurisdictional limitation of the Commission, the Commission shall also enforce this section[4] S. 146 as passed by both chambers (enrolled) · Sec. 3(b)(2)(D)
  • House Democrats on the committee warned that the FTC needs to stay independent of the President to enforce this fairly.
    5the majority should have taken more care to clarify and strengthen the bill and to defend the statutory independence of the agency that it intends to enforce[5] H. Rept. 119-82, House Energy and Commerce Committee report on H.R. 633 (the House version) · Minority Views

Coalitions

Precedent

The strongest case on each side

For

  • Victims, most of them girls, often do not know fake images of them are spreading, and the harm is real even when the image is fake.
    7Even though the images are fake, the consequences are very, very real.[7] Congressional Record, House debate, April 28, 2025 (H1644) · H1644
    Rep. María Elvira Salazar (R-FL), House sponsor
  • Victims have had great difficulty getting platforms to remove these images, so a required removal process gives them real power.
    7victims report great difficulty in getting such images removed from the internet[7] Congressional Record, House debate, April 28, 2025 (H1644) · H1644
    Rep. Frank Pallone (D-NJ), top Democrat on Energy and Commerce
  • AI makes these images easy to create, and Congress has to protect victims from it.
    7As AI becomes more prevalent in our everyday lives, Congress must meet this moment.[7] Congressional Record, House debate, April 28, 2025 (H1644) · H1644
    Rep. Madeleine Dean (D-PA), House co-lead

Against

Did this make sense?

Sourced

Three quick questions. Your answers are anonymous and tell us which breakdowns need clearer writing.

1. How long does a covered site have to remove an image after a valid request?
2. Does the law cover AI-made fake images?
3. Which of these does NOT have to run a takedown process?

How this was checked

Sourced
  • Automatic: every quote matched its source; every number matched an official record.
  • H. Rept. 119-82, Section-by-Section Analysis: The report covers Sections 1 through 4, the same sections explained here.
  • H. Rept. 119-82, Changes in Existing Law: The report shows the old subsection (h) Definitions renumbered as (i) and new matter inserted after (g), matching the law changes listed here.
  • CBO estimate for H.R. 633: Cost figures are quoted from CBO. CBO scored the House version; the text that became law is the same except for two small wording fixes.

Spot an error? See our corrections log and how to report one →

Sources

Sourced
  1. Official bill status record for S. 146 · Official bill record · retrieved Oct 26, 2026
  2. S. 146 as introduced in the Senate (Jan. 16, 2025) · Bill text · retrieved Oct 26, 2026
  3. S. 146 as passed by the Senate (Feb. 13, 2025) · Bill text · retrieved Oct 26, 2026
  4. S. 146 as passed by both chambers (enrolled) · Bill text · retrieved Oct 26, 2026
  5. H. Rept. 119-82, House Energy and Commerce Committee report on H.R. 633 (the House version) · Committee report · retrieved Oct 26, 2026
  6. 47 U.S.C. 223, U.S. Code 2024 edition (law before the Act) · U.S. Code (current law) · retrieved Oct 26, 2026
  7. Congressional Record, House debate, April 28, 2025 (H1644) · Congressional Record · retrieved Oct 26, 2026
  8. House roll call 104 (April 28, 2025) · Roll call vote · retrieved Oct 26, 2026
  9. CBO cost estimate for H.R. 633, TAKE IT DOWN Act (June 27, 2025) · Congressional Budget Office · retrieved Oct 26, 2026 · excerpts recorded by hand, awaiting confirmation
  10. FTC press release: FTC Begins Enforcing Take It Down Act (May 19, 2026) · Federal agency · retrieved Oct 26, 2026 · excerpts recorded by hand, awaiting confirmation
  11. Electronic Frontier Foundation, Deeplinks (April 10, 2025) · News or advocacy · retrieved Oct 26, 2026 · excerpts recorded by hand, awaiting confirmation
  12. CyberScoop, House passage report quoting Rep. Thomas Massie (April 28, 2025) · News or advocacy · retrieved Oct 26, 2026 · excerpts recorded by hand, awaiting confirmation
  13. 15 U.S.C. 6851, U.S. Code 2024 edition (civil action for disclosure of intimate images, 2022) · U.S. Code (current law) · retrieved Oct 26, 2026
  14. 17 U.S.C. 512, U.S. Code 2024 edition (copyright takedown notices) · U.S. Code (current law) · retrieved Oct 26, 2026

Official summary

Sourced

Tools to Address Known Exploitation by Immobilizing Technological Deepfakes on Websites and Networks Act or the TAKE IT DOWN Act

This act generally prohibits the nonconsensual online publication of intimate visual depictions of individuals, both authentic and computer-generated, and requires certain online platforms (e.g., social media platforms) to promptly remove such depictions upon receiving notice of their existence.

Specifically, the act prohibits the online publication of intimate visual depictions of

• an adult subject where publication is intended to cause or does cause harm to the subject, and where the depiction was published without the subject’s consent or, in the case of an authentic depiction, was created or obtained under circumstances where the adult had a reasonable expectation of privacy; or

• a minor subject where publication is intended to abuse or harass the minor or to arouse or gratify the sexual desire of any person.

Violators are subject to mandatory restitution and criminal penalties, including prison, a fine, or both. Threats to publish intimate visual depictions of a subject are similarly prohibited and subject to criminal penalties.

Separately, covered platforms must establish a process through which subjects of intimate visual depictions may notify the platform of the existence of, and request removal of, an intimate visual depiction including the subject that was published without the subject’s consent. Covered platforms must remove such depictions within 48 hours of notification. Under the act, covered platforms are defined as public websites, online services, or applications that primarily provide a forum for user-generated content.

Official summary by the Congressional Research Service (Public Law, May 19, 2025).

What has happened

Sourced
  1. 2025-05-19Became Public Law No: 119-12.Library of Congress
  2. 2025-05-19Became Public Law No: 119-12.Library of Congress
  3. 2025-05-19Signed by President.Library of Congress
  4. 2025-05-19Signed by President.Library of Congress
  5. 2025-05-19Presented to President.House floor actions
  6. 2025-05-19Presented to President.Library of Congress
  7. 2025-04-28Motion to reconsider laid on the table Agreed to without objection.House floor actions
  8. 2025-04-28On motion to suspend the rules and pass the bill Agreed to by the Yeas and Nays: (2/3 required): 409 - 2 (Roll no. 104). (text: CR H1644-1645) Roll call recordHouse floor actions
  9. 2025-04-28Passed/agreed to in House: On motion to suspend the rules and pass the bill Agreed to by the Yeas and Nays: (2/3 required): 409 - 2 (Roll no. 104). (text: CR H1644-1645: 1) Roll call recordLibrary of Congress
  10. 2025-04-28Considered as unfinished business. (consideration: CR H1669)House floor actions
  11. 2025-04-28At the conclusion of debate, the Yeas and Nays were demanded and ordered. Pursuant to the provisions of clause 8, rule XX, the Chair announced that further proceedings on the motion would be postponed.House floor actions
  12. 2025-04-28DEBATE - The House proceeded with forty minutes of debate on S. 146.House floor actions
  13. 2025-04-28Considered under suspension of the rules. (consideration: CR H1644-1643)House floor actions
  14. 2025-04-28Mr. Bilirakis moved to suspend the rules and pass the bill.House floor actions
  15. 2025-02-14Held at the desk.House floor actions
  16. 2025-02-14Received in the House.House floor actions
  17. 2025-02-13Message on Senate action sent to the House.Senate
  18. 2025-02-13Passed Senate without amendment by Unanimous Consent. (consideration: CR S988; text: CR S988-990)Senate
  19. 2025-02-13Passed/agreed to in Senate: Passed Senate without amendment by Unanimous Consent.Library of Congress
  20. 2025-02-13Senate Committee on Commerce, Science, and Transportation discharged by Unanimous Consent.Senate
  21. 2025-02-13Senate Committee on Commerce, Science, and Transportation discharged by Unanimous Consent.Library of Congress
  22. 2025-01-16Read twice and referred to the Committee on Commerce, Science, and Transportation.Senate
  23. 2025-01-16Introduced in SenateLibrary of Congress

Show key steps only

Recorded votes

Sourced

Apr 28, 2025 · House roll call 104 · needed 2/3

On Motion to Suspend the Rules and Pass: Passed 409–2

R 207 yes, 2 no, 11 present or not votingD 202 yes, 0 no, 11 present or not voting

How each member voted · Official record

Cosponsors

  • Sen. John Barrasso R-WY
  • Sen. Marsha Blackburn R-TN
  • Sen. Richard Blumenthal D-CT
  • Sen. Cory A. Booker D-NJ
  • Sen. Ted Budd R-NC
  • Sen. Shelley Moore Capito R-WV
  • Sen. Bill Cassidy R-LA
  • Sen. Catherine Cortez Masto D-NV
  • Sen. John R. Curtis R-UT
  • Sen. Martin Heinrich D-NM
  • Sen. John W. Hickenlooper D-CO
  • Sen. Amy Klobuchar D-MN
  • Sen. Cynthia M. Lummis R-WY
  • Sen. Gary C. Peters D-MI
  • Sen. Jacky Rosen D-NV
  • Sen. Adam B. Schiff D-CA
  • Sen. Jeanne Shaheen D-NH
  • Sen. Tim Sheehy R-MT
  • Sen. Raphael G. Warnock D-GA
  • Sen. Roger F. Wicker R-MS
  • Sen. Todd Young R-IN