Insight
TAKE IT DOWN Act Platform Duties Are Now Enforceable
Covered platforms must remove nonconsensual intimate images, including AI forgeries, within 48 hours of a valid request.
Law checked through
The TAKE IT DOWN Act, Pub. L. 119-12, signed in May 2025, makes it a federal crime to knowingly publish, or threaten to publish, nonconsensual intimate images or digital forgeries of an identifiable person, with heavier penalties where minors are involved. It also requires covered platforms to provide a process for reporting such images and to remove them within 48 hours of a valid request, with reasonable efforts to remove identical copies. The platform duties became enforceable on May 19, 2026, and the FTC, which enforces them as violations of an FTC rule, began enforcement in May 2026.
Texas platforms face a parallel state regime. HB 3133 requires social media platforms to operate complaint systems for explicit deepfake material, and SB 441 imposes a 72-hour removal duty on website and app owners for intimate visual material, enforceable as deceptive trade practices. A platform serving Texas users should design one intake and removal process that meets the shorter federal clock and both statutes’ notice and copy-removal requirements.
Sources
- TAKE IT DOWN Act
- Intimate Visual Material Civil Remedies
- HB3133, 89th Legislature, Regular Session, 2025
- SB441, 89th Legislature, Regular Session, 2025