Federal Take It Down Act Targeting Revenge-Porn Becomes Law

On May 19, 2025, President Donald Trump signed into law the Take It Down Act (S.146).  The federal legislation criminalizes the publication of non-consensual intimate imagery and AI-generated pornography.  It comes following approximately forty states already enacting legislation targeting online abuse.

What are the Take It Down Act’s Requirements?

The federal Take It Down Act creates civil and criminal penalties for knowingly publishing or threatening to share non-consensual intimate imagery and computer-generated intimate images that depict real, identifiable individuals.  If the victim is an adult, violators face up to two years in prison.  If a minor, up to three years.

Social media platforms, online forums, hosting services and other tech companies that facilitate user-generated content are required to remove covered content within forty-eight hours of request and implement reasonable measures to ensure that the unlawful content cannot be posted again.

Consent to create an image will not be a defense.

Exempt from prosecution are good faith disclosures or those made for lawful purposes, such as legal proceedings, reporting unlawful conduct, law enforcement investigations and medical treatment.

What Online Platforms are Covered Under the Take It Down Act?

Covered Platforms include any website, online service, application, or mobile app that that serves the public and either: (i) provides a forum for user-generated content (e.g., videos, images, messages, games, or audio), or (ii) in the ordinary course of business, regularly publishes, curates, hosts or makes available non-consensual intimate visual depictions.

Covered Platforms do not include broadband Internet access providers, email services, or online services or websites with primarily preselected content where the content is not user-generated but curated by the provider – and interactive features are merely incidental or directly related to the pre-selected content.

What are the Legal Obligations for Covered Online Platforms?

The Take It Down Act requires covered platforms to ensure compliance via, without limitation: (i) providing a clear and accessible complaint and removal process; (ii) providing a secure method for secure identity verification; and (iii) removing unlawful content and copies thereof within forty-eight hours of receipt of a verified complaint.

The new law also contained recordkeeping and reporting requirements.

While not expressly required, platforms are well-advised to address content moderation filtration policies.  Reasonable efforts are, in fact, required to identify and remove any known identical copies of non-consensual intimate imagery.

Website agreements, as well as reporting and removal processes are amongst the legal regulatory operational compliance areas that warrant consideration and attention.

Who is Empowered to Enforce the TAKE IT DOWN Act?

The Federal Trade Commission has been authorized to enforce the Take It Down Act notice and takedown requirements against technology platforms that fail to comply.  Violations are considered deceptive or unfair.

Good faith, prompt compliance efforts may be considered a safe harbor and a mitigating factor for platforms in the context of regulatory enforcement.  Internal processes that document good faith compliance efforts, including the documentation of all takedown actions, should be implemented in order to avail oneself of the safe harbor.

Removal and appeals processes must be implemented on or before May 19, 2026.

Takeaway: Covered online platforms including, but not limited to, those that host images, videos or other user-generated content should consult with an FTC and State Attorneys General Defense and Investigations to discuss compliance with the Act’s strict takedown obligations and so in advance of the effective date in order to minimize potential liability exposure.

Richard B. Newman is an FTC CID 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.