How the TAKE IT DOWN Act Enforces the Removal of Illegal Content Online

If you’re the victim of illegal content posted online, you may have legal recourse due to the TAKE IT DOWN Act.

In 2023, when Elliston Berry was just 14 years old, she became the victim of fake nudes shared on social media platforms, including Snapchat. The fact that Berry’s mother, Anna McAdams, had such a difficult time getting the content removed partially inspired the TAKE IT DOWN Act. The act became law after President Trump’s signing of it on May 19, 2025.

Are you rebounding from a PR crisis due to attacks on your reputation or character? If you were the victim of illegal content, hate speech, pornographic content or other damaging imagery, it’s important to repair your online presence immediately. Call us at 844-230-3803 for more information.

What Is the TAKE IT DOWN Act and How Does It Combat Illegal Content Online?

The TAKE IT DOWN Act — which is short for Tools to Address Known Exploitation by Immobilizing Technological Deepfakes on Websites and Networks Act — went into effect on May 19, 2025. Democratic U.S. Senator Amy Klobuchar and Republican U.S. Senator Ted Cruz introduced the bill.

This bipartisan legislation combats digital exploitation by requiring the removal of non-consensual intimate images involving either authentic or artificial intelligence generation tactics.

Those who do not remove content within 48 hours after receiving notification could face serious legal consequences, such as fines or prison time.

Congress.gov explains the bill in this way: “[It] generally prohibits the nonconsensual online publication of intimate visual depictions of individuals, both authentic and computer-generated, and requires certain online platforms to promptly remove such depictions upon receiving notice of their existence.”

There are different specifics regarding imagery of an adult subject versus imagery of a minor subject. In both cases, whether or not it was the intention of the publication to cause harm is a consideration.

We work with clients to help them build their online reputation and take control of their digital presence. We can help if you’ve been the victim of illegal content online. Give us a call at 844-230-3803 to learn more.

Endorsements for the TAKE IT DOWN Act To Remove Illegal Content

After the signing, Senator Klobuchar said, “We must provide victims of online abuse with the legal protections they need when intimate images are shared without their consent, especially now that deepfakes are creating horrifying new opportunities for abuse.”

In his statement, Senator Cruz said, “Predators who weaponize new technology to post this exploitative filth will now rightfully face criminal consequences, and Big Tech will no longer be allowed to turn a blind eye to the spread of this vile material.”

First Lady Melania Trump is also in support of the act. In March 2025, when the First Lady hosted a roundtable to discuss online protection for minors, she said, “We must prioritize their well-being by equipping them with the support and tools necessary to navigate this hostile digital landscape. Every young person deserves a safe online space to express themself freely, without the looming threat of exploitation or harm.”

Taking advanced safety measures to shield yourself from illegal content is more important than ever. Get started with a free reputation analysis here.

Critics of the TAKE IT DOWN Act: Protection for Online Platforms

While there’s a substantial amount of support for the act, there’s also a growing number of critics.

According to the Electronic Frontier Foundation, major flaws with the act include:

• The takedown provision could apply to any intimate images.
• Automated filters to flag content could lead to errors.
• Forty-eight hours isn’t a long enough time to verify the accuracy of the report.

Similarly, the Cyber Civil Rights Initiative (CCRI) said in a statement that the takedown provision “is highly susceptible to misuse and will likely be counter-productive for victims.”

Next Steps: Online Reputation Management and Removing Illegal Content Under TAKE IT DOWN

Do you feel that you’re the victim of harmful online content that aligns with what’s outlined in the act? Here’s what to do to protect your online reputation:

• Do a thorough assessment to ensure that the content qualifies for removal.
• Prepare a removal notice that specifically cites the violations of the act.
• File the notice as soon as possible.
• Closely monitor the website(s) — they should remove the content within 48 hours.
• If the content was not removed, follow up with the webmaster or consider seeking legal counsel.

It’s not a perfect system by any means. However, the TAKE IT DOWN Act strives to hold platforms accountable while protecting victims of harmful online behavior, especially young people.

Certain types of content, like child sexual abuse material and extreme pornography without consent, should be held to a no-exceptions policy. Such content has no legitimate reason to exist on the internet.

Protecting Your Reputation and Removing Illegal Content from Online Platforms

There are various types of illegal content you may come across online. Illegal content may impact child safety or threaten young people or adults.

• Child sexual abuse material
• Consumer protection issues
• Illegal hate speech
• Incitement to commit terrorist acts
• Intellectual Property rights infringements

By having efficient tools and processes to combat such content, victims are able to take legal action when online content threatens their safety or privacy.

With our parent company NetReputation, we provide services to protect your digital presence. Get started with a free online reputation analysis here. Being the victim of illegal content on the internet doesn’t have to impact your future.