FTC Enforcement Authority — Take It Down Act (Non-Consensual Intimate Images)

us-fed May 19, 2026 Tracker lead

An online platform that hosts user-generated content — including social media platforms, search engines, content-sharing sites, and generative AI services — may face FTC enforcement action under the Take It Down Act if it lacks a compliant notice-and-removal process for non-consensual intimate images, effective May 19, 2026; the specific coverage thresholds, notice format requirements, and affirmative defenses under the Act have not been confirmed from the statutory text or FTC guidance.

The Take It Down Act became effective May 19, 2026, requiring covered online platforms to establish a process for receiving and acting on notices of non-consensual intimate images (NCII), including AI-generated deepfakes, within 48 hours of notice; the FTC is authorized to enforce the Act against non-compliant platforms, and Hunton Privacy Blog reports that technology companies should be preparing for possible enforcement actions. [UNVERIFIED — statutory text not retrieved from primary source.]

What the law is now

The Take It Down Act became effective May 19, 2026. It requires covered online platforms to establish a process to receive and act on notices of non-consensual intimate images (NCII) within 48 hours. The FTC has enforcement authority. Hunton Privacy Blog reports that technology companies should be preparing for FTC enforcement. [UNVERIFIED — statutory text and FTC enforcement guidance not retrieved from primary source.]

What just shifted

What this adds: The Take It Down Act creates a new federal enforcement mechanism requiring online platforms to act within 48 hours on NCII removal notices, giving the FTC a statutory hook to pursue non-compliant platforms.

What this puts in question: It puts in question whether platforms have operationalized a 48-hour removal workflow that covers both real and AI-generated NCII, and whether their notice-and-takedown processes satisfy the Act's requirements as the FTC develops enforcement posture.

What clients should weigh

·Does your platform allow users to upload or generate images, and if so, do you have a functional notice-and-removal process specifically designed to handle NCII claims within 48 hours of receipt?

·Have you identified which categories of content on your platform could constitute non-consensual intimate images under the Act's definition, including AI-generated or manipulated content, and do your terms of service and content policies address these categories?

·If your platform operates an AI image generation or editing tool, have you assessed whether outputs could constitute NCII, and what controls prevent or detect such outputs?

·This addresses the Take It Down Act's notice-and-removal obligation. It does not reach state-level NCII statutes, separate revenge pornography criminal statutes, or platform obligations under Section 230 as they may interact with NCII claims.

Take It Down Act, Pub. L. No. 119-__ (signed Apr. 2026), eff. May 19, 2026

Ready to use

To-be-edited before sending to a client.

Client alert

Watch item — no client alert until confirmed operative.

Blog post

Watch item — no blog post until confirmed operative.