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What the TAKE IT DOWN Act does
Public Law 119-12, commonly called the TAKE IT DOWN Act, has two distinct parts: criminal prohibitions and a platform notice-and-removal process. The Act uses the formal term “nonconsensual intimate visual depictions”; familiar phrases such as “revenge porn” and “deepfake intimate images” describe some of the conduct people may have in mind, but they are not substitutes for the law’s definitions and conditions. The enacted statute is the controlling source for its scope and exceptions. The White House announced the signing on May 19, 2025. White House signing notice
Does it cover AI deepfake intimate images?
Yes, in qualifying circumstances. The Act defines a “digital forgery” to include an intimate depiction of an identifiable individual that is made or altered using software, machine learning, artificial intelligence, or other technology and appears authentic to a reasonable viewer. This does not make every synthetic or manipulated image unlawful; the statute’s other definitions, elements, and exceptions still matter. Public Law 119-12
When can publication be a federal crime?
The criminal prohibition is not a blanket ban on sharing any intimate image without permission. For adults, the statute sets out conditions involving the person’s reasonable expectation of privacy, whether the depiction was exposed to the public, whether the matter is of public concern, and the publisher’s intent or the harm caused. For depictions involving minors, it identifies prohibited intent concerning abuse, humiliation, harassment, degradation, or sexual gratification. The precise elements differ by circumstances, so the headline phrase “revenge porn” alone cannot establish that a crime occurred. Read the statutory provisions
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The Act also specifies exceptions. They include certain law-enforcement or intelligence activity and specified good-faith disclosures for legal proceedings, medical, scientific, or educational purposes, reporting unlawful content, seeking help, or assisting the depicted individual. The statute controls the full terms and boundaries of those exceptions. Public Law 119-12
Criminal prohibition and takedown process are different
| Route | Who it applies to | What triggers it | What it does |
|---|---|---|---|
| Criminal prohibition | People who publish covered depictions under the statute’s conditions | The conduct and intent or harm meet statutory elements, subject to exceptions | Creates federal criminal consequences; it is not the same as a platform removal request |
| Notice and removal | Covered platforms | A valid request identifying a covered depiction published without the depicted individual’s consent | Requires removal within the statutory deadline and reasonable efforts to remove known identical copies |
The Congressional Research Service describes these as the Act’s two main components. CRS Legal Sidebar LSB11314
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How to request removal
An identifiable individual depicted in the material—or an authorized person acting for them—may notify a covered platform that an intimate visual depiction was published without consent and request removal. A written request must contain information specified by the statute. The platform must provide a clear, plain-language notice explaining how to submit a request. FTC business guidance says the process should be easy to use and that protections are not limited to people who have an account with the platform. FTC business guidance
- Find the platform’s TAKE IT DOWN Act or nonconsensual intimate imagery reporting process. Its notice should explain how to submit a request in plain language.
- Submit the required written information, identifying the depiction and explaining that it was published without the depicted person’s consent. Follow the platform’s stated submission instructions.
- Keep a copy of the request and any confirmation. This can help you document when the platform received it if you need to report a failure to act.
For cases involving minors, the FTC points to NCMEC’s Take It Down service; for adults, it identifies StopNCII.org as a possible hash-sharing resource. These are additional resources, not substitutes for a platform request under the Act. FTC enforcement announcement FTC business guidance
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What platforms must do—and the deadline
After receiving a valid request, a covered platform must remove the reported depiction as soon as possible and no later than 48 hours after the request. It must also make reasonable efforts to identify and remove known identical copies. That copy-handling obligation is not a promise that every altered, reuploaded, or otherwise similar image will automatically be found. Public Law 119-12
Platforms had one year after enactment—until May 19, 2026—to establish the required process. The Federal Trade Commission announced that it began enforcing Section 3, the platform requirements, on that date. CRS Legal Sidebar LSB11314 FTC announcement, May 19, 2026
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What to do if a platform ignores a valid request
The FTC says its reporting site, TakeItDown.ftc.gov, accepts complaints about platforms that fail to act on valid requests or fail to create the required request process. The FTC’s enforcement role described here concerns Section 3’s platform obligations; it is not the agency responsible for every criminal prosecution under Section 2. FTC enforcement announcement
The FTC’s May 2026 business guidance states a potential civil penalty of $53,088 per violation. That is the amount in the dated guidance, not a guaranteed payment to the person depicted; penalty amounts can change. FTC business guidance, May 2026
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