Privacy Law Library

Tools to Address Known Exploitation by Immobilizing Technological Deepfakes on Websites and Networks Act (TAKE IT DOWN Act)

TAKE IT DOWN Act

Other · Artificial intelligence · Children

The TAKE IT DOWN Act criminalizes knowingly publishing nonconsensual intimate images, including AI-generated 'digital forgeries', and requires covered platforms to run a notice-and-removal process. Since May 19, 2026, platforms must remove a validly reported image within 48 hours and make reasonable efforts to remove known identical copies.

Where
Federal
Citation
Pub. L. 119-12 (May 19, 2025); 47 U.S.C. 223(h), 223a
Status
In force
In force since
2025-05-19
Enforced by
Federal Trade Commission (platform duties, including over nonprofits); U.S. Department of Justice (criminal provisions)
People can sue
No
Penalties
Platform failures to comply are treated as FTC rule violations (civil penalties up to $53,088 per violation (16 CFR 1.98, inflation-adjusted amount in force since Jan. 17, 2025)); knowingly publishing covered depictions is a federal crime with imprisonment up to 2 years (adults) or 3 years (minors).
Applies to
  • Covered platforms: public websites, online services, and apps that primarily provide a forum for user-generated content, or regularly publish or host nonconsensual intimate images (excludes broadband providers and email)
  • Any person who knowingly publishes nonconsensual intimate visual depictions or digital forgeries (criminal provisions)

What a privacy notice must say

  • Provide a clear and conspicuous, plain-language notice of the removal process and the platform's responsibilities.47 U.S.C. 223a(a)(2) · From 2026-05-19

Practices it requires

  • Establish a process for an identifiable individual (or authorized representative) to notify the platform of a nonconsensual intimate image and request removal.47 U.S.C. 223a(a)(1)(A) · From 2026-05-19
  • Remove the reported depiction within 48 hours of a valid request and make reasonable efforts to remove known identical copies.47 U.S.C. 223a(a)(3) · From 2026-05-19
  • Do not knowingly publish, using an interactive computer service, intimate visual depictions or digital forgeries of identifiable individuals without consent (criminal).47 U.S.C. 223(h)(2)-(4)

Other duties

  • Platforms are shielded from liability for good-faith removal of material claimed to be a nonconsensual intimate depiction.47 U.S.C. 223a(a)(4)

Sources

Checked against these sources on 2026-09-25 by research agent (Claude), primary sources.

Research reference, not legal advice.