US 'TAKE IT DOWN' Act: platforms now face a 48-hour removal duty
The FTC enforces a federal duty to remove intimate imagery, including AI forgeries, within 48 hours.
Background
The TAKE IT DOWN Act came into force on 19 May 2026, creating a federal duty on covered platforms to remove non-consensual intimate imagery, including AI-generated forgeries. The FTC enforces it as an unfair or deceptive practice rule.
Three key points
1. The 48-hour clock. Covered platforms must establish a notice and removal process and take down non-consensual intimate imagery, including AI deepfake forgeries, within 48 hours of a valid request. The FTC has signalled it will assess whether reporting flows are genuinely accessible, and that a form buried in a privacy policy may not satisfy the clear and conspicuous requirement.
2. A new federal criminal offence. The Act also makes it a federal crime to knowingly publish non-consensual intimate imagery. This operates alongside state-level criminal provisions already in force across a number of jurisdictions.
3. Who is covered. The duty applies to covered platforms, a category that includes large social media services and video-sharing platforms. Publishers and creators who host user comments, images or video should check whether their services fall within scope, as coverage extends beyond the largest platforms.
Why this matters
For editorial publishers and digital creators who allow user-generated content, the TAKE IT DOWN Act creates a live compliance obligation. A visible, functional reporting route is a regulatory necessity. The FTC has indicated it will test whether platforms' processes actually work, not just whether they exist.
Sources: Crowell & Moring; AI Laws by State.
