LEGAL GUIDE · SEPTEMBER 2026

The Take It Down Act for Creators: How the 48-Hour Rule Works

A plain-language guide to the U.S. law that makes platforms remove non-consensual intimate images — including AI deepfakes — within 48 hours, and how creators can use it alongside the DMCA.

Updated September 2026 · 10 min read · General information, not legal advice

TL;DR

The TAKE IT DOWN Act is a U.S. federal law, signed on May 19, 2025, that requires covered platforms to remove non-consensual intimate images — including AI-generated deepfakes — within 48 hours of a valid request, along with known identical copies. Platforms had until May 19, 2026 to set up a removal process, and the FTC now enforces it with civil penalties of up to $53,088 per violation. For creators, it is the strongest tool against deepfakes and private images shared without consent. For leaks of content you sold, the DMCA remains the primary route. Traqeer uses both.

What the Take It Down Act is

The Tools to Address Known Exploitation by Immobilizing Technological Deepfakes on Websites and Networks Act — the TAKE IT DOWN Act, Public Law 119-12 — became law on May 19, 2025. It is the first U.S. federal law aimed squarely at non-consensual intimate imagery (NCII), and it works on two levels:

  • A criminal side. Knowingly publishing intimate images of an identifiable person without consent — real or AI-generated — is a federal crime under the Act's conditions, with prison terms of up to 2 years when the person depicted is an adult and up to 3 years when it is a minor. Threatening to publish them to intimidate, coerce or extort someone is also a crime: with real images it carries the same penalties, and with AI-generated ones up to 18 months (30 when the person depicted is a minor).
  • A platform duty. Section 3 requires covered platforms to run a notice-and-removal process and to take reported images down within 48 hours. This is the part enforced by the Federal Trade Commission, and the part creators will use most.

The rest of this guide focuses on the platform duty: what it covers, how to file a request that counts, and how it fits next to the DMCA takedowns creators already rely on.

Key dates and numbers

WhatWhen / how much
Signed into lawMay 19, 2025
Deadline for platforms to have a removal processMay 19, 2026 — FTC enforcement began that day
Removal deadline after a valid requestAs soon as possible, and no later than 48 hours
Identical copiesPlatforms must make reasonable efforts to remove known identical copies
FTC civil penaltiesUp to $53,088 per violation
Complaints about platforms that don't complytakeitdown.ftc.gov

What counts: real images and AI deepfakes

The Act protects an identifiable individual — someone whose face, likeness or another distinguishing characteristic appears in the image — against the publication of intimate visual depictions without consent. It explicitly covers two kinds of content:

  • Authentic images and videos — real photos or recordings shared without the person's consent.
  • Digital forgeries — intimate images created or altered with software, machine learning, artificial intelligence or other technological means that are indistinguishable from an authentic image. This is what most people call a deepfake: face-swaps, AI-generated nudes and re-skinned videos.

Consent under the Act means an affirmative, conscious and voluntary authorization, free from force, fraud, duress, misrepresentation or coercion. Agreeing to create an image is not the same as agreeing to have it published.

The creator question: does it cover leaks of paid content?

This is where precision matters. The Act's criminal provisions exclude images that were voluntarily exposed by the person in a public or commercial setting. Content you sell on a subscription platform was published commercially, so the Act was not designed around leaks of paid content — and a removal request must rest on your good-faith statement that the image was published without consent.

Rule of thumb. Deepfakes, AI clones and private images you never published: use the Act. Leaks of content you created and sold: use the DMCA, because you own the copyright. Many cases involve both — and a takedown service should pick the right route for each link instead of forcing one.

The DMCA remains the workhorse for creators: it applies to anything you own the copyright to, it works with hosts and search engines worldwide, and Google processes copyright notices at scale. The new law fills the gap the DMCA leaves open — a fully AI-generated image may not copy any photo you own, but it is still a digital forgery of you.

Which platforms have to comply

A covered platform is a website, online service or app that serves the public and primarily provides a forum for user-generated content — or that regularly publishes non-consensual intimate images. The FTC names social media, messaging, image and video sharing and gaming platforms as examples. The law excludes broadband providers, email services and sites whose content is mainly preselected by the operator rather than uploaded by users.

Before the deadline, the FTC sent compliance reminders to major companies including Alphabet, Meta, Microsoft, X, Reddit, Discord, TikTok and Snapchat. Platforms must also give clear and conspicuous notice of their removal process, and the FTC notes that the protections are not limited to people who hold an account on the platform.

What the law cannot do on its own is reach operators who ignore U.S. authorities. Many leak sites sit offshore. For those, the practical levers are still removal at the source through their hosting providers and removal of the pages from Google — see the guide to removing leaks from Google.

How to file a valid removal request

The Act defines what a valid request must contain. Every covered platform has to accept requests that include these four elements, in writing:

  1. A physical or electronic signature of the person depicted — or of an authorized person acting on their behalf.
  2. An identification of the intimate image and information reasonably sufficient for the platform to locate it (for example, the exact URLs).
  3. A brief statement that the person has a good-faith belief that the image is not consensual.
  4. Information sufficient for the platform to contact the person or their authorized representative.

Then:

  • Use the platform's own form. Look for its non-consensual imagery (NCII) reporting option; it must be clearly visible.
  • Keep evidence. Save the URLs, screenshots and the date and time you submitted the request. The 48-hour clock starts when the platform receives it.
  • List every copy you know of. Platforms must make reasonable efforts to remove known identical copies, but naming them speeds things up.

Because the Act accepts requests signed by an authorized representative, a takedown service can prepare and file them for you — the same way it files DMCA notices as your agent.

If a platform ignores your request

A platform that fails to remove a validly reported image within 48 hours is violating an FTC rule. You can:

  • File a complaint with the FTC at takeitdown.ftc.gov, the portal created for platforms that fail to act on valid requests.
  • Report criminal conduct — publication or threats — to local law enforcement or to the FBI at tips.fbi.gov. Any intimate image of a minor is a crime and should always be reported.
  • Keep pursuing the other routes in parallel: copyright notices to the host and removal of the pages from Google search results.

Take It Down Act vs. DMCA

The Act (NCII)DMCA
What it protectsYour privacy: intimate images published without consentYour copyright: content you created
AI-generated fakesCovered explicitly as digital forgeriesOnly if the fake copies material you own
Who can fileThe person depicted or an authorized representativeThe copyright owner or an authorized agent
DeadlineNo later than 48 hours after a valid requestHosts must act expeditiously; no fixed deadline
Who enforces itThe FTC (platform duty) and federal prosecutors (crimes)Courts, through the loss of the host's safe harbor
Counter-noticeThe Act does not set up a counter-notice procedureYes — content can be restored after 10-14 business days unless you sue
Best forDeepfakes, AI clones, private or hacked imagesLeaks of content you published or sold

How Traqeer uses the Act for creators

Traqeer combines the legal routes instead of relying on one:

  • Detection — Traqeer's AI Deep Scan searches for your content and for fake profiles by username and alias, with unlimited usernames on every plan.
  • The right route for each link — a copyright notice when the fake or the leak uses your material, an impersonation report for cloned profiles (included from the Premium plan), and a non-consensual imagery removal request for intimate deepfakes.
  • Search removal — the Google results spreading the content are removed too: Google de-indexed 95.0% of the URLs Traqeer reported, according to its Transparency Report.

If deepfakes or fake profiles are your main problem, start with the deepfake and fake profile removal service or the guide to removing AI clones. U.S.-based creators can also read how Traqeer protects creators in the United States.

If you need help right now

Minors. If the person affected is under 18 — or the images are from when they were — Traqeer cannot take the case. Use Take It Down by NCMEC: it is free and is for images taken before the age of 18.

Take It Down (NCMEC) is a tool for minors; the Take It Down Act is the U.S. law that requires platforms to remove non-consensual intimate images of adults.

Support and reporting:

  • CCRI Image Abuse Helpline: free, confidential support for victims of image-based abuse
  • RAINN: National Sexual Assault Hotline
  • FBI IC3: report sextortion or the theft or leak of explicit images

Emotional crisis: 988 Suicide & Crisis Lifeline — 988: call, text or chat, 24/7 (U.S.). Outside the U.S., call your local emergency number.

These organizations are independent from Traqeer.

Frequently asked questions

Is the Take It Down Act already in force?

Yes. It was signed on May 19, 2025. The criminal provisions applied from enactment, and covered platforms had until May 19, 2026 to set up their removal process — the FTC began enforcing that duty the same day.

Does the law cover AI deepfakes?

Yes. It covers digital forgeries: intimate images created or altered with software, machine learning or AI that are indistinguishable from real ones. That includes face-swaps and AI-generated nudes of an identifiable person.

Can I use it to remove leaks of my OnlyFans content?

Usually the DMCA is the right tool for that. The Act's criminal provisions exclude images voluntarily exposed in a commercial setting, and a removal request requires a good-faith statement that the image is not consensual. For leaks of content you sold, a DMCA takedown based on your copyright is faster and more reliable.

Can someone file the request on my behalf?

Yes. The Act accepts requests signed by an authorized person acting on behalf of the individual depicted, with that representative's contact details. That is how a takedown service can file for you.

What happens if the platform doesn't remove the image within 48 hours?

The platform is in violation of an FTC rule and can face civil penalties of up to $53,088 per violation. You can report it at takeitdown.ftc.gov and keep pursuing removal from the host and from Google in parallel.

Does it apply if I don't live in the United States?

The duty falls on covered platforms that serve the public under U.S. law, and nothing in the Act limits removal requests to U.S. residents. Creators anywhere can file with those platforms; local laws in your country may add further options.

How much does Traqeer cost?

Plans start at $65/month for the first 3 months (then $129/month), with a 7-day free trial. Impersonation protection is included from the Premium plan. See pricing.

How can Traqeer present my case under the Act?

The Act accepts removal requests signed by an authorized person acting on behalf of the individual depicted (section 3(a)). After we review your case and you decide to go ahead, you sign an authorization and we file the requests with covered platforms as your representative — with the URLs, the good-faith statement and our contact details — and follow up. We do not take cases involving minors; see the note above.

Traqeer is not a law firm and this information is not legal advice; for your specific case, talk to a professional in your jurisdiction.

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