This week, Donald Trump signed into law the Take It Down Act, a new law designed to protect people – especially young women – from online sexual exploitation. Specifically aimed at revenge porn and sexually explicit deepfakes, the measure introduces penalties for websites and social media companies that “knowingly publish” intimate images without a person’s consent, including those created with AI. 

Backed by first lady Melania Trump, the proposal received unusual, almost total bipartisan support. While many states already have such measures in place, it’s also quite rare for government regulators to hold internet companies accountable in this way.

On the other hand, there are still some who warn of unexpected consequences when the law takes effect, from the usual free speech warriors, to protectors of online rights who think it could be used to unfairly censor legal sexual content, especially when that comes from LGBTQ+ creators.

Below, we’ve summarised everything you need to know about the Take It Down Act and the complex conversation it’s sparked about our digital rights.

WHAT DOES THE TAKE IT DOWN ACT DO, EXACTLY?

Take It Down is actually a much catchier acronym for the ‘Tools to Address Known Exploitation by Immobilising Technological Deepfakes on Websites and Networks Act’. Essentially, it makes it a federal crime to knowingly publish – or threaten to publish – intimate images of a person without their consent. Under these new rules, websites and social media companies must take down such material within 48 hours after a victim requests it, and are also required to take steps to delete any duplicate content.

THAT SOUNDS GOOD

The vast majority of US lawmakers agree. Back in April, the bill passed the House by a 409-2 vote, and cleared the Senate via a unanimous decision. Melania Trump has called this a “national victory” that will especially help protect young women and children from online exploitation. 

Drawing attention to the deepfake element of the law, she adds: “AI and social media are the digital candy for the next generation, sweet addictive and engineered to have an impact on the cognitive development of our children. But unlike sugar, these new technologies can be weaponised, shape beliefs and, sadly, affect emotions and even be deadly.”

Donald Trump himself echoed that sentiment as he signed the act into law. “Countless women have been harassed with deepfakes and other explicit images distributed against their will,” he said. “Today, we’re making it totally illegal.” Again, this seems good! But lest we forget, Donald Trump has had a number of allegations of sexual assault and harassment levelled against him over the years... it would be naive to think he actually cares very much about the victims of exploitation over the internet.

WAIT, WHO VOTED AGAINST CRACKING DOWN ON REVENGE PORN?

It might not surprise you to learn that the two legislators who voted ‘nay’ are Republicans who have campaigned in favour of limited government in the past. To them, the Take It Down Act represents more government overreach. “I voted NO because I feel this is a slippery slope, ripe for abuse, with unintended consequences,” wrote Congressman Thomas Massie of Kentucky following the vote. 

The Missouri representative Eric Burlison adds: “Creating a new federal offence is both redundant and constitutionally problematic... Furthermore, while the bill attempts to safeguard free speech with a ‘reasonable person’ test, I remain concerned about its impact on First Amendment rights and the unchecked growth of federal power.”

Congress is using the wrong approach to helping people whose intimate images are shared without their consent – Electronic Frontier Foundation

ARE THERE LEGITIMATE CONCERNS ABOUT THE LAW’S MISUSE?

It’s worth noting that the opposition to the Take It Down Act isn’t just limited to a couple of rogue Republicans. Back in April, when US congress first passed the bill, the Electronic Frontier Foundation noted some “major flaws” as well, including its “broader” take on content that might need to be taken down compared with many narrower NCII (Non-Consensual Intimate Image) definitions.

“The takedown provision also lacks critical safeguards against frivolous or bad-faith takedown requests,” the organisation adds. “Services will rely on automated filters, which are infamously blunt tools. They frequently flag legal content, from fair-use commentary to news reporting.” The tight timeframe that publishers have to act within also means that they might not have time to verify what content is legal, their statement suggests, meaning many – particularly smaller outlets – will just choose to depublish it regardless.

“Congress is using the wrong approach to helping people whose intimate images are shared without their consent,” the EEF concludes. “Lawmakers should be strengthening and enforcing existing legal protections for victims, rather than inventing new takedown regimes that are ripe for abuse.”

WHO WILL BE MOST IMPACTED?

If the Take It Down Act – a law intended to protect people’s right to privacy and combat harassment online – has some unintended consequences on vulnerable internet users, it wouldn’t be the first time. The UK’s Online Safety Act infamously sustained years of hot debate before it passed in 2023, due to fears of the government invading users’ privacy and driving legal content creators, like sex workers, offline. In 2025, it’s still very much up for debate as it drives controversial proposals like showing your ID to watch porn.

Granting the US government more power to see people’s private communications and skirt free speech protections could also set a dangerous precedent at a time when LGBTQ+ rights are increasingly under threat, and queer content including books and art is faced with rising censorship. Even though it’s been signed into law, of course, it remains to be seen how it will actually be put into effect.