The TAKE IT DOWN Act: The U.S. Begins Drawing Lines on Deepfake Abuse
At ThornCrest Brand Protection, we track not only trademark and counterfeit enforcement but the evolving legal perimeter of digital impersonation, AI misuse, and identity protection. In May 2025, the United States took its first federal step into that space with the TAKE IT DOWN Act — a law that reshapes how platforms and brands must respond to non-consensual imagery and AI-generated deepfakes.
This law does not only signal government action against online exploitation; it also marks a turning point for platform responsibility, digital identity protection, and brand integrity in the age of synthetic media.
Understanding the TAKE IT DOWN Act
Signed into law on May 19, 2025, the TAKE IT DOWN Act — short for Tools to Address Known Exploitation by Immobilizing Technological Deepfakes on Websites and Networks Act — creates the first national standard for removing and penalizing the online distribution of non-consensual intimate images, including those generated by AI.
Source: National Law Review, May 2025 - https://natlawreview.com/article/take-it-down-act-signed-law-offering-tools-fight-non-consensual-intimate-images-and
Key features include:
- Criminal Penalties for Posting Deepfakes: It is now a federal crime to knowingly distribute intimate visual depictions—real or AI-generated—without consent.
- Mandatory Takedown Procedures: Online platforms must implement a notice-and-removal system by May 2026. When a valid complaint is received, they must remove the content within 48 hours and make 'reasonable efforts' to eliminate duplicates.
- FTC Oversight and Enforcement: The Federal Trade Commission will oversee compliance, with fines for platforms that ignore takedown obligations.
- Good-Faith Safe Harbor: Platforms that act promptly and transparently to remove flagged content receive protection from additional liability.
Source: The Verge, May 2025 - https://www.theverge.com/news/661230/trump-signs-take-it-down-act-ai-deepfakes
Early Enforcement and Practical Use
Since May 2025, the TAKE IT DOWN Act has begun to reshape online behavior and compliance programs. Several trends are emerging:
- Platform Readiness: Major platforms are building reporting systems, AI-detection tools, and legal workflows to comply with the 48-hour takedown mandate.
- Law Enforcement Integration: Federal and state agencies have begun referencing the Act in early prosecutions involving AI-generated 'revenge porn' and identity-based fraud.
- Civil Use as a Standard of Care: Although the Act itself does not create a private right of action, it has been cited to define the duty of care expected from digital platforms.
- Policy Influence: The law is shaping global discourse, with EU policymakers and UK regulators examining it as a model for synthetic media governance.
Source: Skadden Insights, June 2025 - https://www.skadden.com/insights/publications/2025/06/take-it-down-act
Why the Act Matters for Brand Protection
For ThornCrest, and for the clients and partners we advise, the TAKE IT DOWN Act represents a major shift in how digital identity risk is regulated. Its immediate focus is individual harm—but its logic extends directly to brand impersonation and executive identity misuse.
1. Digital Identity Is Now a Regulated Asset: Public figures can now be viewed as possessing a federally protected digital identity.
2. Platform Accountability Has Teeth: Brands relying on non-compliant platforms may face both reputational and regulatory risk.
3. Legal Frameworks Are Converging: The Act complements Denmark’s new copyright law, showing a trend toward codifying likeness and voice as protected rights.
4. Litigation and Compliance Leverage: Even where the Act doesn’t directly apply, it sets a benchmark for reasonable response standards.
ThornCrest’s Recommendations
At ThornCrest Brand Protection, we advise clients to strengthen compliance and monitoring programs now:
1. Audit digital identity exposure among executives and ambassadors.
2. Integrate AI-detection and monitoring for voice, likeness, and video impersonations.
3. Update influencer and endorsement contracts with explicit AI and takedown clauses.
4. Confirm partner platform compliance with 48-hour removal timelines.
5. Include deepfake incident management in crisis workflows.
6. Monitor cross-border regulations as synthetic media governance expands globally.
The ThornCrest Perspective
The TAKE IT DOWN Act is not the end of deepfake regulation—it is the beginning of a global compliance architecture that treats digital likeness and trust as brand assets. For brands, 'brand protection' now extends beyond counterfeiting to include safeguarding executive likenesses and authentic digital presence. ThornCrest Brand Protection continues to monitor this evolving landscape and advises proactive preparation through policy, contract, and technology alignment.
Sources
- The Verge – 'Trump signs the Take It Down Act into law' (May 2025): https://www.theverge.com/news/661230/trump-signs-take-it-down-act-ai-deepfakes
- National Law Review – 'Take It Down Act Signed into Law' (May 2025): https://natlawreview.com/article/take-it-down-act-signed-law-offering-tools-fight-non-consensual-intimate-images-and
- Skadden – 'The Take It Down Act: Federal Action Against Deepfakes' (June 2025): https://www.skadden.com/insights/publications/2025/06/take-it-down-act
