On May 19, 2025, President Trump signed the TAKE IT DOWN Act into law. As reported in our May 2 Advisory, the law establishes a federal framework to combat the distribution of nonconsensual intimate imagery, including AI-generated deepfakes. The law introduces new civil and criminal liabilities and imposes strict compliance obligations on digital platforms that host user-generated content.
Who Must Comply
The law applies to “covered platforms”—defined as websites, apps, and online services that:
- Serve the general public; and
- Either primarily provide user-generated content (e.g., videos, images, audio, messages, games), or regularly host nonconsensual intimate imagery in the ordinary course of business.
Exclusions from “Covered Platforms” Include:
- ISPs and broadband providers
- Email services
- Platforms offering curated, non-user-generated content with incidental interactivity (e.g., streaming services with limited chat or comment features)
Required Actions for Covered Platforms
Covered platforms are required to comply with the TAKE IT DOWN Act by May 19, 2026. Platforms must:
- Implement a notice-and-takedown process allowing individuals (or authorized representatives) to report nonconsensual intimate content (including AI-created digital forgeries of identifiable individuals).
- Clearly disclose the takedown process on the platform.
- Remove reported content within 48 hours of a valid request.
- Make reasonable efforts to detect and remove identical copies of the content.
- A covered platform is not liable for acting in good faith to disable or remove material based on a claim the material is nonconsensual intimate content.
Enforcement and Risk
Failure to comply with these obligations will constitute an unfair or deceptive act under the Federal Trade Commission (“FTC”) Act and may lead to:
- Civil penalties
- Injunctive relief
- Regulatory scrutiny and reputational damage
The scope of the Federal Trade Commission’s jurisdiction under the Act extends to all covered platforms, including nonprofits and non-commercial services.
Best Practices for Compliance
Platforms can limit compliance risks by acting in good faith and:
- Establishing a compliant removal request process, including an electronic submission process with identity verification protocols that maintain privacy.
- Deploying content detection systems to identify and remove nonconsensual intimate content (and copies of that content) and prevent the re-upload of previously removed material.
- Training content moderation teams to identify valid takedown requests and ensure compliance with the 48-hour removal deadline.
- Updating terms of service and privacy policies to reflect the platform’s obligations under the Act.
- Maintaining detailed records of all takedown actions to demonstrate good-faith compliance in the event of regulatory review or legal action.
The Act’s requirements take effect one year from enactment (May 19, 2026), but early compliance is highly recommended to reduce legal risk.
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
Brian Alexander: 703-791-1050 | bal@commlawgroup.com
Adam Davis: 703-714-1325 | amd@commlawgroup.com
