The Take It Down Act, recently passed by the US House of Representatives with overwhelming support (409-2), marks a major legislative step in addressing the growing threat of non-consensual intimate imagery (NCII), including AI-generated deepfakes. The bill, which cleared the Senate unanimously in February, now heads to President Donald Trump, who is expected to sign it into law.

If enacted, the bill will make it a federal crime to publish or threaten to share explicit images or videos of someone without their consent — even if those images are digitally altered or AI-generated. Online platforms would be required to remove flagged content within 48 hours.

First major tech law of Trump’s second term

This legislation is poised to become the first significant internet regulation of President Trump's second term and the first US law to directly address AI-powered NCII. The president has indicated his support for the bill, joking, “Nobody gets treated worse than I do online,” according to The Washington Post.

Melania Trump’s role in the bill

First Lady Melania Trump has been a leading voice behind the legislation, aligning it with her ongoing ‘Be Best’ initiative, which focuses on cyberbullying and child protection. She emerged as a key advocate during Capitol Hill roundtables, helping to elevate personal testimonies that highlighted the urgency of the issue.

“Today’s bipartisan passage of the Take It Down Act is a powerful statement that we stand united in protecting the dignity, privacy, and safety of our children,” said Melania in a statement released after the bill’s passage.

She has tied the legislation to broader concerns about digital abuse, stating during a February roundtable on Capitol Hill:

"I am here with you today with a common goal — to protect our youth from online harm... Addressing this issue is essential for fostering a safe and supportive environment for our young people."

Real stories that galvanised Congress

Personal stories shared during congressional hearings were instrumental in building bipartisan consensus. Among them was Elliston Berry, a 14-year-old girl whose classmate used an AI app to create fake explicit images of her and shared them on Snapchat. Another testimony came from South Carolina state Rep. Brandon Guffey, whose 17-year-old son died by suicide in 2022 after being blackmailed in a sextortion scam.

These powerful narratives underscored the human cost of NCII, particularly among teens, and helped solidify support across party lines.

What the bill does?

Sponsored in the Senate by Senators Ted Cruz (R-Texas) and Amy Klobuchar (D-Minnesota), and in the House by Representatives María Elvira Salazar (R-Florida) and Madeleine Dean (D-Pennsylvania), the Take It Down Act establishes federal criminal penalties for the sharing or threatening to share non-consensual intimate imagery (NCII), including AI-generated deepfakes.

Under the legislation, individuals found guilty of publishing NCII involving minors could face up to three years in prison, while those involved in adult-related offences could receive up to two years. Additionally, threats to publish such content carry penalties of up to two and a half years for cases involving minors and one and a half years for adults.

The law explicitly includes "digital forgeries" — lifelike deepfake images created using artificial intelligence. “If you're a victim of revenge porn or AI-generated explicit imagery, your life changes forever... The Take It Down Act empowers victims across the entire United States,” said Sen. Cruz.

Deepfakes and digital harassment on the rise

The explosion of AI "undressing" apps and explicit deepfake content has made enforcement more urgent. Many of these apps operate on platforms like Instagram and X, despite violating platform guidelines. Celebrities such as Taylor Swift and Bobbi Althoff were among those targeted by deepfake pornography that went viral in 2024.

Victims describe their efforts to have such content removed as an exhausting “game of whack-a-mole.”

Melania’s broader advocacy

Melania Trump has consistently spotlighted the intersection of child protection and digital safety. During her husband’s first term, she hosted virtual roundtables and supported legislation aiding foster youth.

She reiterated her dedication during her return to the White House, stating, "As first lady, my commitment to the ‘Be Best’ initiative underscores the importance of online safety... It is imperative that we safeguard children from mean-spirited and hurtful online behavior."

Appealing for greater bipartisan unity, she added, "Surely as adults, we can prioritise America’s children ahead of partisan politics... The Take It Down Act represents a powerful step toward justice, healing and unity."