FTC guidance sets out platform duties under Take It Down Act
The FTC has warned that Take It Down Act violations may lead to civil penalties of $53,088 per violation.
The US Federal Trade Commission has issued guidance for online platforms on compliance with Section 3 of the Take It Down Act, which takes effect on 19 May 2026 and requires covered platforms to remove non-consensual intimate photos or videos within 48 hours of receiving a valid request.
The FTC says the law applies to a broad range of online platforms, including websites, apps, social media, messaging, image and video sharing, and gaming services. Platforms may fall under the law if they primarily provide a forum for user-generated content or regularly publish, curate, host, or furnish intimate content shared without consent.
Covered platforms must provide clear and conspicuous plain-language information about how people can submit removal requests for intimate photos or videos shared without consent. The FTC says platforms should make the process easy to use, including for people who do not have an account on the service.
The law also covers ‘digital forgeries’, including intimate images that were digitally created or altered using software, apps, or AI. Platforms that receive a valid request must remove the reported content and make reasonable efforts to locate and remove known identical copies within 48 hours.
The FTC also encourages platforms to help prevent removed images from spreading further, including through hashing technology and, where appropriate, by sharing hashes with services such as the National Center for Missing and Exploited Children’s Take It Down service or StopNCII.org.
Violations of the Take It Down Act will be enforced by the FTC and treated as violations of an FTC rule. The agency says platforms that breach the law may face civil penalties of $53,088 per violation.
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