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
- Official text
- 47 U.S.C. 223a (OLRC)
- 47 U.S.C. 223 (OLRC)
- FTC, Take It Down Act enforcement starts now (May 2026)
Checked against these sources on 2026-09-25 by research agent (Claude), primary sources.
Research reference, not legal advice.