What Every Parent & High School Student Needs to Know as About the “Take it Down” Act Targeting Artificial Intelligence (AI) Image (Deepfake) Abuse

AI Deepfakes are a Disturbing Trend in School Cyberbullying

AI ‘Deepfakes’ are growing Disturbing Trend in School Cyberbullying.  Young Students, mostly girls, are now the targets of these deepfake images.  These altered images are known as “deepfakes”—digitally altered images which are often hard to distinguish from a real person.  Deepfake images have been making their way into middle and high schools across the country including New Jersey and Pennsylvania. 

One in four American women have experienced online abuse – with 9 percent of that being sexual abuse. However, 2 percent of women who have experienced online abuse has been impacted by deepfakes.  Girls are much more likely to be bullied at school than boys. Much of that bullying is online or in the form of texts.

The Federal Government Response to Deepfakes – What is the “Take it Down” Act.

On May 19, 2025, President Trump signed the Take it Down Act.  This new federal law targets the use of artificial intelligence to create deepfake images without the depicted person’s consent. In addition, the law also prohibits deepfake images of minors (under 18) and subjects the offender up to 3 years in Federal prison and substantial fines.

Specifically, The Take it Down Act prohibits the nonconsensual online publication of intimate visual depictions of individuals, both authentic and computer-generated.  Further, it requires certain online platforms to promptly remove such depictions upon receiving notice of their existence. 

The Take it Down Act prohibits the online publication of intimate visual depictions of the following

• an adult subject where publication is intended to cause or does cause harm to the subject, and where the depiction was published without the subject’s consent or, in the case of an authentic depiction, was created or obtained under circumstances where the adult had a reasonable expectation of privacy; or
• a minor subject where publication is intended to abuse or harass the minor or to arouse or gratify the sexual desire of any person. 

What must online platforms do if they receive a complaint of Artificial Intelligence (AI) Image (Deepfake) Abuse

Under this new federal law, online “covered platforms” must establish a process through which subjects of intimate visual depictions may notify the platform of the existence of, and request removal of, an intimate visual depiction including the subject that was published without the subject’s consent. Covered platforms must remove such depictions within 48 hours of notification.  Covered platforms are defined as public websites, online services, or applications that primarily provide a forum for user-generated content.

How are States, specifically New Jersey and Pennsylvania, Addressing Artificial Intelligence (AI) Image (Deepfake) Abuse

Over 27 states, including New Jersey, have passed to address the widespread use of sexual deepfakes.  On April 1, 2025, Governor Philip Murphy signed into law a bill criminalizing the creation of distribution of AI-generated media, commonly referred to as Deepfake for unlawful purposes such as harassment or extortion. This law establishes penalty up to 5 years in State prison and $30,000.00, in fines, a crime of the third degree.   

In addition, States like Florida and Wisconsin prohibit AI generated political images unless it includes a disclosure statement. While Texas and Minnesota prohibit clinical deepfakes regardless if there was a disclosure statement. Tennessee recently passed the Insuring Likeness Voice and Image Security Act to protect musicians from AI generated audio mimicking productions. 

Pennsylvania, at this point, has not passed any law, targeting Artificial Intelligence (AI) Image (Deepfake) Abuse

If you or your child has been the victim of these deepfake images in New Jersey or Pennsylvania, contact our criminal defense law firm today!