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USA passes Take It Down Act: why banning deepfake porn is controversial

29.4.2025

Translation: Patrik Stainbrook

The US House of Representatives has adopted the so-called Take It Down Act. The new law will be a milestone in the fight against deepfakes and revenge porn. However, criticism is mounting too.

By passing the Take It Down Act, the US government has adopted tough measures against intimate images and videos published without consent online. There was unusual unity between Republicans and Democrats in developing the law as well as its passing. The initiative was launched by Senators Ted Cruz (Republican) and Amy Klobuchar (Democrat) and was adopted on 28 April by 409 votes to 2. Now all that remains is for Donald Trump to sign off on the whole thing.

The law is intended to task operators of social networks and platforms with taking consistent and swift action against intimate content published without consent. Content must be deleted within 48 hours of a notice. Even the mere threat of publication – for example in the case of sextortion – and dissemination is punishable by law. Platforms such as Meta, Google and Snap signalled their support early on.

Law formulated vaguely

The threat to which the Take It Down Act responds has grown rapidly in recent years, according to a letter in support of the bill. It was penned by a consortium of associations and companies. The new law now requires platform operators to do more than just react. They should actively create structures to prevent the spread of such content. This includes automatic detection systems, reporting processes and the obligation to monitor private channels such as direct messages. As a result, encrypted messaging services are also being targeted. WhatsApp, Signal or iMessage would either have to offer technical solutions for removal or soften end-to-end encryption.

As soon as Trump signs the law, it’ll come into force.
Source: Shutterstock

That’s the crux of the matter. Despite broad approval, there’s some resistance. Civil rights organisations such as the Electronic Frontier Foundation (EFF) warn of the so-called chilling effect. Fearing legal consequences, platforms may also remove legal content – such as journalistic research, art or satire that deals with sexuality or physicality. This is also due to the fact that where exactly the law applies is only vaguely defined. What counts as non-consensual content? How is consent verified? Without clearly formulated criteria, there’s a risk of arbitrariness or an automated deletion mechanism.

The EFF is also concerned about the potential for abuse. Anyone who wants to silence personal content or critical voices could use the law in a targeted manner. Without a defined objection procedure, the only option for those affected would be to go to court – a route that many can’t afford. Necessary infrastructure is another talking point – Meta or X in particular have been steadily reducing the size of their moderation teams and relying on a lax system.

Data protection facing difficulties on messengers – even in Europe

The technical implementation in the area of encrypted communication is particularly tricky. In order to comply with their deletion obligation, platforms would have to view content, which would effectively be tantamount to weakening end-to-end encryption. Data protectionists see a dangerous precedent model here. An attempt to protect victims could weaken privacy.

As soon as President Trump signs the law, it’ll come into force. Its implementation will be monitored by the Federal Trade Commission (FTC). They’ll look to ensure that platforms meet any legal requirements. It remains to be seen how effective and expedient the law will be in practice.

A directive on the criminalisation of non-consensual deepfakes has already been adopted in the European Union. Member states have until 2027 to copy these into national law. In addition, there are still efforts to undermine end-to-end encryption for messengers. A relaxation of this in the USA could give proponents a further boost and increase pressure on Europe in general.

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The debate is even gathering pace in Switzerland. In December 2024, Fabio Regazzi, representative for the «Mitte» party, submitted a motion (page in German) calling for a strategy against the misuse of images. This motion was passed on to the relevant committees.

Header image: Shutterstock

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Florian Bodoky

Editor

Florian.Bodoky@digitecgalaxus.ch

I've been tinkering with digital networks ever since I found out how to activate both telephone channels on the ISDN card for greater bandwidth. As for the analogue variety, I've been doing that since I learned to talk. Though Winterthur is my adoptive home city, my heart still bleeds red and blue.

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