Senate Passes TAKE IT DOWN Act to Combat Image-Based Sexual Abuse

Mindgeek class action lawsuit

The U.S. Senate has taken a decisive step in protecting victims of image-based sexual abuse by unanimously passing the TAKE IT DOWN Act, a landmark piece of legislation that criminalizes the act of uploading sexually explicit content without consent and mandates its removal within 48 hours.

“This is a watershed moment in protecting victims of online exploitation,” said Kim Adams, attorney at Levin Papantonio. “The TAKE IT DOWN Act and the MindGeek class action lawsuit represent two sides of the same coin—one addressing the urgent need for legislative reform to protect victims from continued harm and the other demanding accountability from platforms that have profited from past exploitation.

“Together, the hope is that the days of unchecked exploitation will soon be over,” Adams added.

NCOSE Urges U.S. House to Act Swiftly

This legislative milestone has been applauded by advocacy groups, including the National Center on Sexual Exploitation (NCOSE).

“Imagine waking up to find sexually explicit images of yourself, shared without consent, for the world to see. This is the devastating reality for one in five Americans,” said Dawn Hawkins, CEO of NCOSE. “It is an uphill battle for victims to have this sexual abuse removed from websites. The TAKE IT DOWN Act changes this entirely, ensuring that tech platforms remove image-based sexual abuse within 48 hours of receiving a victim’s removal request – this is a life-saving solution for sexual abuse survivors.”

Hawkins emphasized the importance of the legislation in addressing a pervasive form of exploitation. “The fight against image-based sexual abuse is a fight for the dignity, privacy, and safety of all individuals. The TAKE IT DOWN Act ensures that tech platforms act swiftly and decisively to combat this insidious form of abuse. And the TAKE IT DOWN Act rightly criminalizes the act of uploading image-based sexual abuse.”

NCOSE is now urging the U.S. House of Representatives to quickly pass the TAKE IT DOWN Act, along with related bills such as the DEFIANCE Act and the SHIELD Act, to solidify protections against image-based sexual abuse before the end of the year.


What is Image-Based Sexual Abuse (IBSA)?

Image-based sexual abuse (IBSA) refers to the creation, theft, distribution, or any use of sexually explicit or sexualized images or videos without the meaningful consent of the person depicted. This form of exploitation encompasses a wide range of harmful activities, including:

  • Sextortion: Using images for blackmail or coercing additional explicit material.
  • Revenge Porn: Non-consensual distribution of explicit content, often accompanied by doxing.
  • Hidden Camera Abuse: Recording individuals without their knowledge in private settings such as locker rooms or restrooms.
  • Deepfake Pornography: Creating falsified explicit content using an individual’s likeness.
  • Pressure to Self-Generate: Harassing or coercing individuals into sharing explicit material.

In an instant, anyone can become a victim of IBSA, regardless of age, gender, or socioeconomic status. Survivors of this abuse have spoken out about the immense trauma and difficulty of getting these images removed from the Internet.

The TAKE IT DOWN Act represents a pivotal moment in addressing IBSA, holding platforms accountable for content moderation and providing victims with a clear avenue for justice.


Progress in the Fight Against CSAM: The MindGeek Class Action

In another significant development, the class action lawsuit Doe #1 v. MG Freesites LTD et al. reached a critical milestone with the official class notice and the launch of the MindGeek Claims Administrator website, VictimImageLawsuit.com. The case, filed in the U.S. District Court for the Northern District of Alabama, targets the distribution and monetization of child sexual abuse material (CSAM) on popular adult platforms operated by MindGeek, including Pornhub, Redtube, and YouPorn.

“This lawsuit sheds light on the pervasive exploitation occurring on these platforms,” said Levin Papantonio attorney Kim Adams. “It’s a fight not just for justice for the victims but for systemic change in how online platforms operate.”

Scope of the Lawsuit

Judge L. Scott Coogler, who is overseeing the case, has certified the lawsuit as a class action. This certification enables individuals who fit the class definition to collectively pursue justice. The class includes anyone who appeared in explicit materials on MindGeek-operated sites while under the age of 18, from February 12, 2011, to the present.

The MindGeek lawsuit alleges that MindGeek knowingly benefited from the possession and distribution of CSAM and violated laws such as the Trafficking Victims Protection Reauthorization Act (TVPRA). It further claims that the company’s business model facilitated the widespread uploading and monetization of illegal content without sufficient safeguards.

VictimImageLawsuit.com

To support affected individuals, the MindGeek Claims Administrator launched VictimImageLawsuit.com, a centralized resource for class members. The website provides:

  • Verification tools to determine class eligibility.
  • Access to a complete list of MindGeek-owned sites involved in the lawsuit.
  • Instructions for opting in or out of the class.
  • Answers to frequently asked questions.

This online platform ensures victims have the necessary information to exercise their rights, whether they choose to remain in the class or opt out.


Broader Implications

The TAKE IT DOWN Act and the MindGeek class action lawsuit are milestones in addressing the growing threats of IBSA and CSAM. Together, they highlight the need for robust legislation and accountability in the digital age.

Advocates, survivors, and legal experts are pushing for systemic reforms that protect individuals from exploitation. As Dawn Hawkins noted, “The fight against image-based sexual abuse is not just about justice—it’s about reclaiming the dignity and safety of every individual in a digital world that often prioritizes profit over people.”

With these legal and legislative efforts gaining momentum, the path toward a safer online environment is becoming clearer. Both the TAKE IT DOWN Act and cases like Doe #1 v. MG Freesites LTD signal a collective determination to combat sexual exploitation and ensure justice for survivors.