FTC Gearing Up for TAKE IT DOWN Act Enforcement
Effective May 19, 2026, the Tools to Address Known Exploitation by Immobilizing Technological Deepfakes on Websites and Networks Act (Pub. L. No. 119–12), otherwise known as the Take it Down Act, becomes effective. The Federal Trade Commission possesses statutory authority to enforce the Take it Down Act.
What this means is that covered platforms (defined below) are required to implement a functioning notification system that can receive and act upon (within 48 hours) requests to remove non-consensual intimate images – including AI-generated digital forgeries known as “deepfakes”. They must establish a removal process, provide clear and conspicuous notice of the removal process, and remove content within 48 hours along with using reasonable efforts to remove identical copies.
First, it is important to understand who is covered. A “covered platform” is any website, online service, or mobile application that: (i) serves the public; and (ii) primarily provides a forum for user-generated content, including messages, videos, images, games, and audio files; or (iii) curates, hosts, or makes available content of NCII in the regular course of trade or business publishes. By this test, apps and websites that provide users with a platform to publish content could also be considered “covered platform.”
“Covered platforms” that fail to comply with the Take it Down Act shall be considered in violation of an FTC trade regulation rule and be subject to the imposition of monetary civil penalties in excess of $53,000 per violation, restitution, and injunctive relief.
Takeaway: The Take it Down Act criminalizes the publication of nonconsensual intimate visual depictions. It also requires covered platforms to: (i) create a process for consumers to notify covered platforms of a nonconsensual intimate visual depiction on the platform; and (ii) remove such depictions within 48 hours of receiving notice. The FTC is charged with enforcing this notice and removal process. The FTC is expected to enforce the Take it Down Act aggressively. Consult with an experienced advertising compliance counsel to discuss the Act and how it might apply to your business, if you are interested in implementing a compliance program, or if you have received an FTC civil investigative demand or other process from the agency.
Richard B. Newman is an FTC compliance attorney at Hinch Newman LLP.
Informational purposes only. Not legal advice. This article is not intended to and should not be construed as legal advice. May be considered attorney advertising.
