Complying with the United States “Take It Down Act”

The FTC began actively enforcing the Take It Down Act’s platform obligations on May 19, 2026[1]. For any business operating a website, app, or platform that hosts user-generated content, this is now a live enforcement priority.

The FTC has already sent warning letters to at least 15 companies it considers non-compliant. For any business operating a website, app, or platform that hosts user-generated content, this is no longer a future compliance deadline. It is a live enforcement priority.

Upon receipt of a takedown request from a victim or an authorized person acting for the victim, Section 3 of the Take It Down Act (TIDA)[2] requires a website and network (each a platform) to remove intimate photographs, visual depictions, videos and images, including deep fakes and all copies that were posted or made available without the consent of the victim.

Covered platforms must give notice of the takedown right and establish a process for victims to request the removal of intimate photos, images and videos posted or shared without the victim’s consent. TIDA requires covered platforms that receive a valid request to remove the content and known identical copies within 48 hours following receipt of the takedown notice.

TIDA’s definition of “covered platform” is broad.  It is intended to cover websites, online applications, mobile applications and online services, as well as social media platforms, messaging, image or video sharing, and gaming platforms, that provide a forum for user generated content.  If a site or other platform provides a forum for user-generated content or regularly publishes, curates, hosts, or furnishes intimate content shared without consent it may be subject to TIDA’s takedown provisions and penalties. 

TIDA does not supersede state laws protecting the right of privacy, right of publicity, or the name, voice, likeness, photograph, image or signature of a person, but provides additional rights to the individual victim and for federal enforcement by the FTC and the courts.

Platforms subject to TIDA:

1. MUST establish a notice and removal process for nonconsensual intimate images;
2. MUST provide clear, conspicuous notice in plain language about the platform’s notice and removal process;
3. MUST provide clear and conspicuous instructions in plain language about how a victim can submit a removal request;
4. SHOULD establish systems and processes to track requests and to make it easy for victims to track the status of their removal requests; and
5. SHOULD advise the complaining victim if, as and when the offending item is removed, or if not removed, an explanation as to why it was not removed.

Photographs, videos, images, deep fakes, “digital forgeries,” and altered images regardless of whether they were created by artificial intelligence tools, software, apps or other means are covered by TIDA and may be subject to FTC enforcement and penalties.

Platforms should consider placing clear and conspicuous notice about TIDA on home pages and wherever intimate content might appear. FTC guidance discusses some of the ways that such notices and requests can appear and be transmitted.

TIDA is a criminal statute.  It protects adults and children.  Many of the terms used in this piece are defined in TIDA and other federal statutes with particularity.  Platforms that violate the law may face FTC enforcement action under the Federal Trade Commission Act[3] that could result in criminal prosecution, FTC complaints, court action, restraining orders, injunctions, judgments, orders and civil penalties of $53,088 per violation.

For more information or if you need legal advice, contact gunnercooke Partner Barry Bendes HERE.

The above is intended as a general statement of the law and does not constitute legal advice or create an attorney client relationship.

[1] https://www.ftc.gov/business-guidance/resources/complying-take-it-down-act

[2] The ‘‘Tools to Address Known Exploitation by Immobilizing Technological Deepfakes on Websites and Networks Act’’ or the ‘‘TAKE IT DOWN Act’’.  https://www.ftc.govhttps://www.congress.gov/119/plaws/publ12/PLAW-119publ12.pdf

[3] 15 U.S.C. §41 et seq.