Revenge Porn and Intimate Deep Fakes Could Cost Social Media Platforms Dearly Under the U.S. TAKE IT DOWN Act.

By Mitchell C. Shelowitz and Kelly McDermott

The TAKE IT DOWN Act[1] (the “Act”) is a federal law designed to prevent the online publication of nonconsensual “intimate visual depictions,” including real images or videos and AI-generated “digital forgeries” or deepfakes.[2]

The Act requires online platforms, such as Amazon, Apple, Bumble, Discord, Facebook, Hinge, Instagram, Microsoft, Pinterest, Reddit, Snapchat, TikTok, WhatsApp, and X, among others, to implement robust take-down procedures for offending intimate visual depictions.

The strong arm of the U.S. government, through the Federal Trade Commission (“FTC”), is authorized to investigate and enforce violations against noncompliant online platforms, with steep penalties currently up to $53,088 per violation.

SLG is pleased to provide the following overview of the Act.

All Public Online Platforms Are Subject to the Act.

The Act applies to every website, online service, online application, or mobile application that serves the public and either primarily hosts user-generated content or, in the ordinary course of business, publishes, curates, hosts, or makes available content of nonconsensual intimate visual depictions.[3]  The Act refers to such platforms as “covered platforms.”

Forty-Eight (48) Hours to Take Down Offending Depictions.

Upon receipt of a valid removal request (described below), the offending intimate visual depiction must be removed ASAP and no later than forty-eight (48) hours from receipt of the valid removal request.[4]  The covered platform must also “make reasonable efforts to identify and remove any known identical copies of such depiction.”[5]

Notice and Removal Procedures To Be Clearly and Conspicuously Posted.

Similar to the Digital Millennium Copyright Act (DMCA) take-down process for platforms that host infringing works of intellectual property,[6] the Act directs covered platforms to provide users with procedures to expedite the removal of intimate photos or videos published without consent.[7]  The Act requires that such “notice and removal” process be explained in “plain language” and presented in a “clear and conspicuous” manner to the users.[8]

Requirements of Valid Removal Request.

Covered platforms are only required to take action upon receipt of a removal request that includes:

(1) identification of the intimate visual depiction and information “reasonably sufficient” for the covered platform to locate the material;

(2) a statement of the filing party’s “good faith belief” that the visual depiction was published without consent;

(3) the filing party’s contact information, including full name, address, telephone number, and email; and

(4) the filing party’s signature.[9]

Available Remedies for Individuals

Importantly, the Act does not create a private right of action against covered platforms.  Nevertheless, other remedies under federal and state law remain available for victims of posted nonconsensual intimate visual depictions.  For example, the Federal Violence Against Women Act (VAWA)[10] provides victims of nonconsensual pornography with the right to commence legal action for monetary damages or injunctive relief against an individual sharing the intimate imagery.  Further, state legislatures, such as in New York[11] and California,[12] have enacted laws allowing private rights of action for victims of nonconsensual pornography, including AI-generated digital forgeries or deepfakes.

FTC Reporting Portal.

The FTC has launched TakeItDown.ftc.gov, where individuals can report covered platforms that have failed to act or have failed to create a reporting process for their users.

SLG has extensive experience advising clients regarding FTC rules and practices, false and deceptive advertising, unfair competition, and related laws and regulations. For further guidance on the Act, please contact SLG at info@shelgroup.com to schedule a consultation or check out our website at www.shelgroup.com for more information about the firm.

[1]              Tools to Address Known Exploitation by Immobilizing Technological Deepfakes on Websites and

Networks (TAKE IT DOWN) Act, Pub. L. No. 119-12, 139 Stat. 55 (2025).

[2]              Id. at § 2(a)(2)(h)(1).

[3]              Id. at § 4(3).

[4]              Id. at § 3(a)(3).

[5]              Id.

[6]              Digital Millennium Copyright Act (DMCA), 17 U.S.C. § 512(c) (1998).

[7]              TAKE IT DOWN Act at § 3(a)(1).

[8]              Id. at § 3(a)(2).

[9]              Id. at § 3(a)(1)(B).

[10]             Violence Against Women Act (VAWA) Reauthorization Act of 2022, Pub. L. No. 117-103, § 1309, 136 Stat.

49 (2022).

[11]             See N.Y. Civ. Rights Law § 52-b; see also N.Y. Penal Law § 245.15 (2025).

[12]             See Cal. Civil Code §1708.85; Cal. Penal Code §647(j)(4).