Your personal and professional reputation is a vital asset—yet it can be vulnerable to online attacks, the sharing of intimate content without your consent, and other forms of digital defamation. At The Lomnitzer Firm P.A. in Boca Raton, our experienced online defamation attorneys are committed to helping you pursue justice against those who seek to damage your image. Leveraging both federal and state legal remedies, we work diligently to defend your rights, restore your reputation, and take decisive action against individuals or entities responsible for harmful online conduct.
Congress passed the bipartisan “Tools to Address Known Exploitation by Immobilizing Technological Deepfakes on Websites and Networks Act” or the TAKE IT DOWN Act (“the Act”) earlier this year. The new law amends Section 223 of the Communications Act of 1934 to make nonconsensual sharing of intimate images online a criminal offense under some circumstances. The Act also requires online platforms to take certain action with respect to these images upon request, as overseen and enforced by the Federal Trade Commission (FTC).
The Act now makes it a criminal offense in some situations for any individual to “use an interactive computer service” to “knowingly publish” both “intimate visual depictions” or “digital forgeries” of identifiable persons. The phrase “interactive computer service” applies expansively to most online applications and services. “Intimate visual depictions” include visual depictions of identifiable individuals engaged in sexually explicit conduct. Digital forgeries, more commonly known as AI deepfakes, are intimate visual depictions created or altered by AI or a similar technological means. “Identifiable individuals” include the partial or full display of any face, likeness, or distinguishing characteristic that would lead to others being able to identify the person.
Crimes under the TAKE IT DOWN Act include seven separate criminal offenses involving adults, which include the following:
The offenses involving publication require proof that the defendant intended the publication to or did cause harm, including psychological, financial, or reputational harm. The Act also contains certain elements related to the content and the individual’s consent to publish the image: the material must have been created under circumstances that the identifiable individual had a reasonable expectation of privacy, or for a deepfake, without their consent. However, these elements apply only to images of adults, not minors. Finally, the Act excludes images that were voluntarily exposed by the individual in a “public or commercial setting,” a “matter of public concern,” disclosed in good faith to law enforcement, or “for a legitimate medical, scientific, or education” purpose.
Penalties for these offenses involving images of adults include criminal fines, up to two years of incarceration, or both. For those offenses involving images of minors, the penalties can include criminal fines and/or up to three years of incarceration. However, threat-related offenses involving deepfakes of adults are limited to a prison sentence of 18 months, and for minors, 30 months. Penalties also may include the forfeiture of the images and equipment used to produce them.
The Act requires all covered platforms – which include virtually all online applications, services, and websites – that serve the public to develop a specific “notice-and-removal” process no later than May 19, 2026. This process must permit an individual or their representative to notify the platform to remove nonconsensual intimate visual depiction(s) published without the individual’s consent. The platform must remove the image as soon as possible, but in any event, no later than 48 hours after receiving the removal notice, along with making reasonable efforts to identify and remove any known identical copies of the image.
Under the Act, the FTC is the agency designated to enforce the notice-and-removal requirements. A platform’s failure to remove the image as required under the Act constitutes an “unfair or deceptive act or practice” under the Federal Trade Commission Act.
If you find a nonconsensual image or deepfake of yourself online, act quickly. Document the content (screenshots, URLs, timestamps), avoid engaging with the poster, and submit a removal request to the platform hosting the image. Under the TAKE IT DOWN Act, platforms are required to remove such content within 48 hours of receiving a valid notice. You should also consult an experienced online defamation attorney to explore legal remedies and potential criminal liability for the offender.
Yes. Anonymous posting does not shield offenders from accountability. With the help of legal counsel, subpoenas and investigative tools can be used to uncover the identity of anonymous users. The Lomnitzer Firm P.A. has experience navigating these complexities and can help you pursue justice even when the perpetrator is initially unknown.
The Act imposes strict obligations on platforms to respond to removal requests. Once notified, all covered platforms must remove the offending image within 48 hours and make reasonable efforts to eliminate duplicates. Failure to comply may result in enforcement action by the FTC, including penalties for unfair or deceptive practices.
If you find yourself the victim of nonconsensual intimate visual depictions published online, know that you are not powerless. The TAKE IT DOWN Act represents a critical step forward in protecting individuals from digital exploitation and restoring dignity in the face of online defamation. Whether the harm stems from malicious intent, revenge, or careless sharing, you have legal remedies available to reclaim control over your image and your reputation.
At The Lomnitzer Firm P.A., our Delray Beach online defamation attorneys understand the emotional and professional toll these violations can take. We are committed to helping you navigate the legal process with compassion and determination—working swiftly to remove unauthorized content and pursue accountability for those responsible. With the tools provided under federal and state law, we stand ready to defend your rights and restore your peace of mind.
Don’t wait to take action. Contact The Lomnitzer Firm P.A. today at (800) 853-9692 or reach out online to schedule a confidential consultation. Let us help you fight back and move forward.
