For years, creators dealing with revenge porn, leaked intimate content, and AI deepfakes had only a patchwork of state laws and platform goodwill. That changed with the TAKE IT DOWN Act: covered platforms are now federally required to remove nonconsensual intimate imagery within 48 hours of a valid request — and the FTC started enforcing it in 2026.
This page explains what the law covers, how it differs from DMCA, and how to use it — whether or not you're a Proprias customer.
The three things to know
It's federal law
Signed in May 2025, the TAKE IT DOWN Act makes it a federal crime to knowingly publish nonconsensual intimate images of an identifiable person — explicitly including AI-generated 'digital forgeries' (deepfakes).
48-hour removal requirement
Covered platforms must provide a notice-and-removal process and take down reported nonconsensual intimate imagery within 48 hours of a valid request from the victim — and make reasonable efforts to remove identical copies. The FTC began enforcing this requirement in 2026.
It covers deepfakes
Unlike the DMCA, you don't need to own the copyright. If synthetic or real intimate content depicts you and was published without consent, the law applies — a critical tool against AI-generated fakes built from your public photos.
How to file a removal request
- Document first: save the URL and take screenshots before the content moves or is mirrored
- Find the platform's dedicated nonconsensual-intimate-imagery reporting process (required by the Act)
- Submit a request identifying the content, stating it depicts you and was published without your consent, with enough detail to locate it
- Track the 48-hour window and follow up — including on identical copies the platform must also make reasonable efforts to remove
- If the platform doesn't comply, preserve your records; noncompliance is FTC-enforceable
Proprias customers get steps 1, 4, and 5 automatically: daily scans find the content, the evidence vault preserves hashes and screenshots with an audit trail, and follow-up tracking watches for reposts.
Frequently asked questions
What is the TAKE IT DOWN Act?
The TAKE IT DOWN Act is a US federal law, signed in May 2025, that criminalizes publishing nonconsensual intimate images — real or AI-generated — and requires covered online platforms to remove such content within 48 hours of a valid removal request from the depicted person. The Federal Trade Commission enforces the platform requirements, which took effect in May 2026.
How is this different from a DMCA takedown?
A DMCA notice is a copyright tool: it works when someone republishes content you own, and it works for any kind of content — but you (or your agent) must assert copyright ownership. A TAKE IT DOWN request is a privacy tool: it applies specifically to intimate imagery depicting you without consent, including deepfakes you never created, and platforms must act within 48 hours. Many creator situations qualify for both — leaked paid content is usually a DMCA matter, while a deepfake is usually a TAKE IT DOWN matter.
Who can file a TAKE IT DOWN request?
The person depicted in the imagery (or someone authorized to act on their behalf, such as a parent for a minor). The request must identify the intimate visual depiction, include a good-faith statement that it was published without consent, and provide enough information for the platform to locate the content.
Does it apply to content I originally published myself?
Publishing content yourself — for example, on a subscription platform — does not automatically make its republication elsewhere consensual. Consent to one publication is not consent to all. For paid creator content, DMCA remains the primary removal tool, but intimate imagery reposted without your consent may also qualify under the Act depending on the circumstances.
What happens if a platform ignores a valid request?
Failure to comply with the notice-and-removal requirements is enforceable by the Federal Trade Commission as an unfair or deceptive practice. Platforms that ignore valid requests face federal enforcement action — which is why documented, well-formed requests with preserved evidence matter.
Do I need a lawyer to use the TAKE IT DOWN Act?
No. The removal process is designed for individuals: you file a request directly with the platform's designated process. A lawyer becomes relevant if you pursue criminal referral or civil claims against the person who published the content. Proprias helps with the finding, documenting, and request preparation — not legal representation.
Go deeper
Legal disclaimer
This page is general information, not legal advice, and the law's application depends on specific facts. If you are in immediate danger or the content involves a minor, contact law enforcement. Consult an attorney for advice on your situation.
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