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Why a new anti-revenge porn law has free speech experts alarmed  | TechCrunch

May 24, 2025 - techcrunch.com
The newly enacted Take It Down Act aims to combat revenge porn and AI-generated deepfakes by making it illegal to publish nonconsensual explicit images and requiring platforms to comply with takedown requests within 48 hours or face liability. While the law is seen as a victory for victims, privacy and digital rights advocates express concerns over its vague language, potential for overreach, and the risk of censorship of legitimate content. Critics argue that the law's lax standards for verifying claims and the tight compliance window could lead platforms to remove content without proper investigation, potentially affecting marginalized communities and consensual content. The law also raises concerns about proactive monitoring and the implications for encrypted messaging services, as platforms may be incentivized to scan all content to prevent reuploads of nonconsensual images.

The broader implications for free speech are also a concern, as the law could be used to suppress unfavorable speech. Critics highlight the potential for the law to be politicized, especially given the current political climate where content moderation is already a contentious issue. The law's impact on decentralized platforms, which may struggle to comply with the 48-hour rule, and the potential for proactive scanning to extend into encrypted messages, further complicate the situation. The involvement of AI in monitoring content and the lack of clear guidelines for verifying takedown requests add to the complexity, raising questions about the balance between protecting victims and preserving free speech.

Key takeaways:

  • The Take It Down Act aims to combat revenge porn and AI-generated deepfakes by making it illegal to publish nonconsensual explicit images and requiring platforms to comply with takedown requests within 48 hours.
  • Critics warn that the law's vague language and lack of stringent verification could lead to overreach, censorship, and potential abuse, particularly affecting marginalized communities.
  • Platforms may resort to proactive monitoring and content moderation, potentially extending into encrypted messages, to avoid liability under the new law.
  • The law raises broader free speech concerns, especially in the context of political figures like Trump who have previously acted against unfavorable speech and content.
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