Take it Down Act: a critical analysis of its role against the non-consensual dissemination of images and deepfakes; [Take it Down Act: uma análise crítica de seu papel contra a difusão não consensual de imagens e deepfakes]

Vargas-Chaves I. · Revista Criminalidad (2025) · DOI: 10.47741/17943108.729

Resumen

This article aims to critically analyze the key mechanisms, strengths, and challenges of the Take it Down Act, enacted in the United States to combat the proliferation of non-consensual intimate visual representations, including deepfakes, and to evaluate its balance between victim protection and the safeguarding of fundamental rights. A qualitative methodology was employed, centered on specialized documentary analysis. This included a systematic-logical examination of the full text of the law and a review of academic and specialized literature to contextualize it and identify relevant doctrinal and jurisprudential debates. The results suggest that, while the Take it Down Act introduces significant advancements, in practice the law’s mechanisms may create tensions with fundamental rights such as freedom of expression and due process. Significant operational burdens for platforms, challenges related to the global jurisdiction of the internet, and the supervisory capacity of the Federal Trade Commission are identified. Finally, it is concluded that, notwithstanding, its long-term success and equitable application will depend on careful implementation, diligent oversight by the Federal Trade Commission, and a willingness for continuous adaptation in the face of technological evolution and interpretive challenges.

Instituciones: Universidad Señor de Sipán