Executive Summary
A 2023 survey found that 24% of Gen Z worried about suicide and self-harm, while 18% were concerned about deepfake pornography. Additionally, the New York State Bar Association recently reported that the misuse of deepfake technology can lead to severe mental health issues, including anxiety, depression, and PTSD, particularly among younger generations who are more active online. The Tools to Address Known Exploitation by Immobilizing Technological Deepfakes on Websites and Networks Act (TAKE IT DOWN Act) is a critical legislative measure that would establish stronger protections against the dissemination of nonconsensual intimate visual depictions and AI-generated deepfake content. This bill aims to address the increasing misuse of digital technologies to create and distribute explicit, nonconsensual images, particularly impacting Gen Z and other vulnerable populations in online spaces. Allowing the swift removal of harmful deepfake content would help reduce the emotional and psychological trauma experienced by young victims, while combatting online harassment and exploitation head-on.
Background
As deepfake technology and AI-driven image manipulation tools become more accessible, cases of nonconsensual intimate imagery (NCII) have increased dramatically. In 2023, 15% of high school students were aware of at least one sexually explicit deepfake involving a schoolmate being shared in the previous year. Women, teens, young professionals, and public figures—especially Gen Z digital users—are disproportionately affected by the spread of these harmful images.
The TAKE IT DOWN Act, which passed in the Senate on February 13th, 2025, has received bipartisan support for its urgent digital safety measures and is backed by a coalition of over 100 organizations. The bill would amend the Communications Act of 1934 to criminalize the intentional disclosure of nonconsensual intimate visual depictions, including AI-generated deepfake content. The Take IT DOWN Act would also require covered platforms to implement swift removal processes for flagged content and impose legal consequences for individuals who knowingly publish such material. These provisions are critical for ensuring digital safety and preventing reputational, psychological, and financial harm caused by exploitative content.
Challenge
The absence of clear federal regulations has enabled harmful digital content to spread with little accountability. The rise of generative AI technology has made it easier to create realistic yet false explicit images, often leaving victims to endure prolonged, costly legal battles to have such content removed, while platforms are slow to take action. Moreover, inconsistent enforcement and delays in removing harmful content have only exacerbated the issue on social media platforms. Victims of NCII and deepfake exploitation have experienced severe mental health consequences, reputational damage, and even career setbacks due to the permanent nature of online content.
Solution
The TAKE IT DOWN Act provides a comprehensive, enforceable approach to combat nonconsensual digital exploitation. It would criminalize the unauthorized publication of NCII and deepfake content, establishing penalties for distributing explicit material without consent. This provision is designed to deter bad actors and reduce victimization. Additionally, the bill would require platforms to remove flagged nonconsensual content within 48 hours, or face regulatory penalties, ensuring swift action. Moreover, the Act expands protections for minors and vulnerable users who are increasingly targeted by AI-generated explicit content, requiring platforms to take proactive measures to prevent such abuse.
Policy Recommendations
ZETA urges the House of Representatives to immediately pass the TAKE IT DOWN Act and establish federal-level protections against NCII and deepfake exploitation. Expanding Digital Safety Protections for Gen Z and other vulnerable users by requiring platforms to implement AI detection tools and proactive content moderation strategies would minimize the potential risks to these harmful exposures.
ZETA applauds Senators Ted Cruz (R-TX) and Amy Klobuchar’s (D-MN) bipartisan leadership in introducing the TAKE IT DOWN Act and guiding its successful passage in the Senate. By enacting this legislation, policymakers can modernize digital safety laws, protect victims from AI-driven exploitation, and ensure accountability in the evolving online landscape: a necessary step toward a safer digital future.
