Updated: September 3, 2026 · Docs · Clothoff AI Editorial Team
What is the TAKE IT DOWN Act?
A glossary entry on the first federal law covering AI-generated intimate images, what platforms must do, and how it shapes the removal routes we check in reviews.
Educational glossary entry by a review publisher; not legal advice.
What does the Act require?
The TAKE IT DOWN Act is a United States federal law, Public Law 119-12, signed on May 19, 2025. It criminalizes the knowing publication of non-consensual intimate images, including AI-generated “digital forgeries,” and requires covered platforms to remove such images within 48 hours of a valid request. The Federal Trade Commission enforces the platform duty.
The statute has two halves: a criminal title enforced by the Department of Justice and a platform title enforced by the FTC. The table summarizes both.
| Law | Effective date | What it covers | Penalty | Source |
|---|---|---|---|---|
| TAKE IT DOWN Act §2 – criminal publication | May 19, 2025 | Knowing publication of authentic or forged intimate images without consent | Up to 2 years in prison (adult victim); up to 3 years (minor) | Public Law 119-12 |
| §2 – threats to publish | May 19, 2025 | Threatening to publish a digital forgery | Up to 18 months (adult); up to 30 months (minor) | S.146, congress.gov |
| §3 – platform notice and removal | Process due by May 19, 2026 | Covered platforms must remove within 48 hours and delete identical copies | Treated as an unfair or deceptive practice under the FTC Act | FTC business guidance |
| Consent definition | May 19, 2025 | Affirmative, conscious, voluntary authorization; consent to create is not consent to publish | Element of the offense, not a separate penalty | Public Law 119-12 |
Who can be prosecuted under the criminal title?
The offense targets the person who knowingly publishes an intimate visual depiction of an identifiable adult without consent, where the image was obtained in circumstances of privacy and is not a matter of public concern. A digital forgery is covered on the same terms.
A label saying the image is fake does not remove liability. The Act states that a forgery is judged by whether a reasonable person would find it indistinguishable from an authentic depiction, regardless of any disclaimer attached to it.
What must a covered platform do?
A covered platform is a public website, app or service that primarily hosts user-generated content or publishes non-consensual intimate images in the ordinary course of business. Each one must run a clear notice-and-removal process and act within 48 hours of a valid request from the depicted person or their representative.
The FTC published compliance guidance and a request portal, TakeItDown.ftc.gov, and announced in May 2026 that it had sent warning letters to 15 platforms. The 48-hour clock is the shortest statutory removal deadline in US law for this content.
How does the Act apply to a review site?
Clothoff AI hosts no user uploads and publishes no intimate images of real people, so the platform title does not reach this site. Our NCII report form documents requests and forwards them to the reviewed provider; the legality overview covers users of the tools.
During reviews we check whether a service links to a removal process, how long it says it takes, and whether it recognizes the 48-hour rule. Findings appear in each Editorial Test Note under privacy.
“the term ‘consent’ means an affirmative, conscious, and voluntary authorization made by an individual free from force, fraud, duress, misrepresentation, or coercion”
— Public Law 119-12, TAKE IT DOWN Act, definitions, accessed September 3, 2026
Consent Note
This site is a publisher: it reviews third-party tools and does not create, edit, accept or store images. Docs entries are general information, not legal advice.
Sources
All sources accessed on September 3, 2026; educational entry, not legal advice.
FAQ: TAKE IT DOWN Act
When did the TAKE IT DOWN Act take effect?
The criminal provisions took effect on signature, May 19, 2025. Covered platforms were given one year to set up their notice-and-removal process, so the platform duty became enforceable on May 19, 2026, and the FTC began enforcement actions that month.
Does the Act cover AI-generated images?
Yes. The statute defines a digital forgery as an intimate depiction created or altered by software, machine learning or artificial intelligence that a reasonable person would find indistinguishable from an authentic image. Forgeries are covered by both the criminal and the platform provisions.
Who enforces the platform removal duty?
The Federal Trade Commission. A failure to comply is treated as an unfair or deceptive act under the FTC Act, which allows civil penalties and consent orders. Criminal cases under the publication offense are brought by federal prosecutors, not by the FTC.
How do I file a removal request?
Send a request to the platform hosting the image through its published process, identifying yourself as the depicted person or representative and stating that the image is non-consensual. The FTC portal at TakeItDown.ftc.gov also accepts reports about platforms that ignore requests.
Is a review site like Clothoff AI a covered platform?
No. A covered platform primarily hosts user-generated content or publishes intimate images in the ordinary course of business. This site does neither: it publishes editorial reviews and stores no user images. Our NCII report form forwards requests to the reviewed provider.
Does a disclaimer make a deepfake legal?
No. The Act states that a label, disclaimer or contextual note saying the image is not authentic does not change whether it qualifies as a digital forgery. Consent of the depicted adult is the only defense the statute recognizes for publication.