IP Law Daily, PUBLICITY RIGHTS: FTC begins enforcing the TAKE IT DOWN Act, (May 20, 2026)

By PeterReap, J.D., LL.M.

Covered platforms are now required to remove intimate depictions shared without the subject’s consent.

The FTC announced that on May 19, 2026, it began enforcing the TAKE IT DOWN Act (TIDA), a 2025 law requiring platforms, at the request of victims, to remove intimate photos or videos shared online without victims’ consent. The FTC enforces Section 3 of the Act, which set a May 19, 2026, deadline for covered platforms to give people a way to request the removal of intimate photos or videos shared online without their consent and to remove those intimate images, and known identical copies, within 48 hours of a valid request.

Now that enforcement has begun, the FTC haspublished new guidance to help consumersin the event that nonconsensual intimate images of them are posted online. The FTC also issuedguidance for businessesabout how to ensure they are complying with the law. A simple infographic was also created by the agency to inform consumers what they can do when someone shares an intimate photo or video of them without consent.

TAKE IT DOWN Act details. President TrumpsignedTIDAinto lawone year ago, on May 19, 2025. The law was greeted with bipartisan praise on Capitol Hill and beyond.

The law prohibits the nonconsensual online publication of intimate visual depictions of individuals, both authentic and computer-generated, and requirescertainonline platforms to promptly remove such depictions uponreceivingnotice of their existence.

Specifically, the bill prohibits the online publication of intimate visual depictions of:

• an adult subject where publication is intended to cause or does cause harm to the subject, and where the depiction was published without the subject’s consent or, in the case of an authentic depiction, was created or obtained under circumstances where the adult had a reasonable expectation of privacy; or

• a minor subject where publication is intended to abuse or harass the minor or to arouse or gratify the sexual desire of any person.

Violators are subject to mandatory restitution andcriminal penalties, including prison, a fine, or both.

Section 3 of the law also requires covered platforms to establish a process by May 19, 2026, through which subjects of intimate visual depictions may notify the platform of the existence of, and request removal of, an intimate visual depiction including the subject that was published without the subject’s consent. Covered platforms must remove such depictions within 48 hours of notification and make reasonable efforts to identify and remove any known identical copies of such depiction. The law defines “covered platforms” as public websites, online services, or applications that primarily provide a forum for user-generated content.

The FTC is tasked with treating a failure to reasonably comply with the notice and takedown obligations as a violation of a rule defining an unfair or a deceptive act or practice under section 18(a)(1)(B) of the FTC Act.

FTC Blog. In a posting on the FTC’s Business Blog, Christopher G. Mufarrige, Director of the FTC Bureau of Consumer Protection, emphasized that platforms should be prepared to demonstrate compliance and make it easy for people to track the status of their removal requests. He said that the FTC is actively monitoring compliance, investigating violations, and holding platforms accountable when they fail to protect people—especially children—from this harmful abuse.

Mufarrige added that TIDA covers a wide range of nonconsensual intimate imagery, including intimate real photos and videos as well as “digital forgeries,” such as images of people that were digitally created or altered using software, an app, or artificial intelligence. It also covers a broad range of online platforms, including social media, messaging, and image or video sharing apps and websites. Platforms violating the law may face FTC law enforcement action, including potential civil penalties of $53,088 per violation, it was noted.

Ferguson comments. “Thanks to First Lady Melania Trump’s dedication, the public, especially children, will have recourse against digital exploitation and extortion,” said FTC Chairman Andrew N. Ferguson. “In the age of AI, anyone can be targeted, and that becomes even more appalling if children are involved. The TAKE IT DOWN Act empowers families and provides the FTC with an effective tool to protect minors against this form of abuse.”

Letters sent to platforms last week. Last week, the FTC sent letters to more than a dozen technology companies reminding them that they had until May 19 to fully comply with theAct.Letters were sent to Amazon.com, Alphabet, Apple, Inc., Automattic, Bumble, Discord, Match Group, Meta Platforms, Inc., Microsoft Corp., Pinterest, Reddit, SmugMug, Snapchat, TikTok, and X.

The letters outlined what online platforms must comply with TIDA and how companies must comply. The letter also encourages the tech companies to consider using technology to prevent the reappearance of intimate content, and consider sharing hashes with the National Center for Missing and Exploited Children, if images or videos involve minors, and

StopNCII.org if images or videos involve people 18 and older. “We stand ready to monitor compliance, investigate violations, and enforce theTake It Down Act,”saidChairman Andrew N. Ferguson at the time.

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