Notice and removal of nonconsensual intimate visual depictions

Source Credit

(a) In general
(1) Notice and removal process
(A) Establishment
Not later than 1 year after May 19, 2025, a covered platform shall establish a process whereby an identifiable individual (or an authorized person acting on behalf of such individual) may—
(i) notify the covered platform of an intimate visual depiction published on the covered platform that—
(I) includes a depiction of the identifiable individual; and
(II) was published without the consent of the identifiable individual; and
(ii) submit a request for the covered platform to remove such intimate visual depiction.
(B) Requirements
A notification and request for removal of an intimate visual depiction submitted under the process established under subparagraph (A) shall include, in writing—
(i) a physical or electronic signature of the identifiable individual (or an authorized person acting on behalf of such individual);
(ii) an identification of, and information reasonably sufficient for the covered platform to locate, the intimate visual depiction of the identifiable individual;
(iii) a brief statement that the identifiable individual has a good faith belief that any intimate visual depiction identified under clause (ii) is not consensual, including any relevant information for the covered platform to determine the intimate visual depiction was published without the consent of the identifiable individual; and
(iv) information sufficient to enable the covered platform to contact the identifiable individual (or an authorized person acting on behalf of such individual).
(2) Notice of process
A covered platform shall provide on the platform a clear and conspicuous notice, which may be provided through a clear and conspicuous link to another web page or disclosure, of the notice and removal process established under paragraph (1)(A) that—
(A) is easy to read and in plain language; and
(B) provides information regarding the responsibilities of the covered platform under this section, including a description of how an individual can submit a notification and request for removal.
(3) Removal of nonconsensual intimate visual depictions
Upon receiving a valid removal request from an identifiable individual (or an authorized person acting on behalf of such individual) using the process described in paragraph (1)(A)(ii), a covered platform shall, as soon as possible, but not later than 48 hours after receiving such request—
(A) remove the intimate visual depiction; and
(B) make reasonable efforts to identify and remove any known identical copies of such depiction.
(4) Limitation on liability
A covered platform shall not be liable for any claim based on the covered platform's good faith disabling of access to, or removal of, material claimed to be a nonconsensual intimate visual depiction based on facts or circumstances from which the unlawful publishing of an intimate visual depiction is apparent, regardless of whether the intimate visual depiction is ultimately determined to be unlawful or not.
(b) Enforcement by the Commission
(1) Unfair or deceptive acts or practices
A failure to reasonably comply with the notice and takedown obligations under subsection (a) shall be treated as a violation of a rule defining an unfair or a deceptive act or practice under section 18(a)(1)(B) of the Federal Trade Commission Act (15 U.S.C. 57a(a)(1)(B)).
(2) Powers of the Commission
(A) In general
Except as provided in subparagraph (D), the Commission shall enforce this section in the same manner, by the same means, and with the same jurisdiction, powers, and duties as though all applicable terms and provisions of the Federal Trade Commission Act (15 U.S.C. 41 et seq.) were incorporated into and made a part of this section.
(B) Privileges and immunities
Any person who violates this section shall be subject to the penalties and entitled to the privileges and immunities provided in the Federal Trade Commission Act (15 U.S.C. 41 et seq.).
(C) Authority preserved
Nothing in this Act shall be construed to limit the authority of the Federal Trade Commission under any other provision of law.
(D) Scope of jurisdiction
Notwithstanding sections 4, 5(a)(2), or 6 of the Federal Trade Commission Act (15 U.S.C. 44, 45(a)(2), 46), or any jurisdictional limitation of the Commission, the Commission shall also enforce this section in the same manner provided in subparagraph (A), with respect to organizations that are not organized to carry on business for their own profit or that of their members.

History

(Pub. L. 119–12, §3, May 19, 2025, 139 Stat. 59.)

Editorial Notes

Editorial Notes

References in Text
The Federal Trade Commission Act, referred to in subsec. (b)(2)(A), (B), is act Sept. 26, 1914, ch. 311, 38 Stat. 717, which is classified generally to subchapter I (§41 et seq.) of chapter 2 of Title 15, Commerce and Trade. For complete classification of this Act to the Code, see section 58 of Title 15 and Tables.
This Act, referred to in subsec. (b)(2)(C), is Pub. L. 119—12, May 19, 2025, 139 Stat. 55, which enacted this section, amended section 223 of this title, and enacted provisions set out as notes under this section and sections 223 and 609 of this title. For complete classification of this Act to the Code, see Short Title of 2025 Amendment note set out under section 609 of this title.

Codification
Section was enacted as part of the Tools to Address Known Exploitation by Immobilizing Technological Deepfakes on Websites and Networks Act, also known as the TAKE IT DOWN Act, and not as part of the Communications Act of 1934 which comprises this chapter.

Statutory Notes and Related Subsidiaries

Definitions
Pub. L. 119–12, §4, May 19, 2025, 139 Stat. 61, provided that: "In this Act [see Short Title of 2025 Amendment note set out under section 609 of this title]:
"(1) Commission.—The term 'Commission' means the Federal Trade Commission.
"(2) Consent; digital forgery; identifiable individual; intimate visual depiction.—The terms 'consent', 'digital forgery', 'identifiable individual', 'intimate visual depiction', and 'minor' have the meaning given such terms in section 223(h) of the Communications Act of 1934 (47 U.S.C. 223[(h)]), as added by section 2.
"(3) Covered platform.—
"(A) In general.—The term 'covered platform' means a website, online service, online application, or mobile application—
"(i) that serves the public; and
"(ii)(I) that primarily provides a forum for user-generated content, including messages, videos, images, games, and audio files; or
"(II) for which it is in the regular course of trade or business of the website, online service, online application, or mobile application to publish, curate, host, or make available content of nonconsensual intimate visual depictions.
"(B) Exclusions.—The term 'covered platform' shall not include the following:
"(i) A provider of broadband internet access service (as described in section 8.1(b) of title 47, Code of Federal Regulations, or successor regulation).
"(ii) Electronic mail.
"(iii) Except as provided in subparagraph (A)(ii)(II), an online service, application, or website—
"(I) that consists primarily of content that is not user generated but is preselected by the provider of such online service, application, or website; and
"(II) for which any chat, comment, or interactive functionality is incidental to, directly related to, or dependent on the provision of the content described in subclause (I)."