The TAKE IT DOWN Act passed both chambers of Congress on April 28, 2025 and awaits President Trump’s signature. The bipartisan legislation applies to websites, apps, and digital services that host or distribute user-submitted content, including images, videos, audio, or messages. The legislation represents a significant federal response to the growing threat of nonconsensual intimate images (“NCII”), including AI-generated deepfake content. Once signed into law, it will impose strict takedown obligations and create new civil and criminal liabilities for individuals and platforms.
Regulatory Requirements for Platforms
Under the Act, “covered platforms” must implement a formal notice-and-takedown process allowing individuals (or authorized representatives) to report and request the removal of intimate visual depictions of an identifiable individual posted without consent. The act defines a “covered platform” as:
Any website, online service, application, or mobile app that:
- Serves the public, and
- Either:
-
- Primarily provides a forum for user-generated content (e.g., videos, images, messages, games, or audio), or
- In the ordinary course of business, regularly publishes, curates, hosts, or makes available nonconsensual intimate visual depictions.
The Act explicitly excludes the following from its definition of a “covered platform”:
- Broadband internet access providers, such as ISPs.
- Email services.
- Online services or sites with primarily preselected content, where:
- The content is not user-generated but curated by the provider, and
- Any interactive features (e.g., chat or comments) are incidental or directly related to the preselected content
Covered platforms are required to provide a clear and conspicuous notice of their removal process established under the Act.
When a valid request to remove content is received, the platform must:
- Remove the reported content within 48 hours, and
- Make reasonable efforts to locate and remove identical copies of the same image or video.
A failure to meet these obligations will be treated as an unfair or deceptive act under the Federal Trade Commission Act, exposing platforms to Federal Trade Commission (“FTC”) enforcement. This includes civil penalties, injunctive relief, and reputational damage from such actions. Importantly, these provisions apply even to nonprofit or non-commercial entities.
The Act provides “safe harbor” protection to shield platforms from liability for good-faith removals provided that the platform acts promptly, take steps to prevent re-uploads, and complies with recordkeeping and reporting requirements.Delays or failures to act—even unintentional—can result in regulatory consequences.
What Covered Platforms Must Do
To comply with the TAKE IT DOWN Act and minimize risk, platform operators should take the following steps immediately:
- Develop a compliant removal request system, including electronic submission tools and identity verification.
- Implement systems to detect attempts to re-upload offending content.
- Ensure content moderation teams are trained to recognize valid requests and meet the 48-hour removal deadline.
- Review and update terms of service and privacy policies to reflect the new obligations.
- Log and document all takedown actions to meet the Act’s safe harbor requirements demonstrate good-faith compliance in the event of a regulatory inquiry or litigation.
The notice and removal process requirements in the law take effect one year from enactment to allow platforms to implement the necessary changes to their operations and processes, but given the regulatory exposure, early action is strongly advised.
While individuals who publish NCII now face criminal penalties, the more immediate risk for online platforms comes from regulatory enforcement by the FTC for failures to respond to a takedown request. The TAKE IT DOWN Act establishes a clear legal duty to act when notified of nonconsensual content. Online service providers should take proactive steps now to meet these requirements and avoid becoming targets of future enforcement.
The CommLaw Group Can Help!
Don’t wait for enforcement to begin. Contact our firm today for a personalized TAKE IT DOWN Act readiness assessment and implementation plan to protect your platform and users while minimizing regulatory risk.
CONTACT US NOW; WE ARE STANDING BY TO GUIDE YOUR COMPANY’S REGULATORY COMPLIANCE EFFORTS
E. Brian Alexander: 703-791-1050 | bal@commlawgroup.com
Adam Davis: 703-714-1325 | amd@commlawgroup.com
