FTC Promises 'Vigorous' TAKE IT DOWN Act Enforcement

FTC Promises 'Vigorous' TAKE IT DOWN Act Enforcement

WASHINGTON — The Federal Trade Commission is warning platforms that the agency will strongly enforce the notice-and-removal requirements of the TAKE IT DOWN Act, which go into effect next week on May 19.

In a letter to tech companies, FTC Chairman Andrew N. Ferguson stated, “We stand ready to monitor compliance, investigate violations, and enforce the Take It Down Act.”

Signed into law last year by President Trump, the TAKE IT DOWN Act (TIDA) requires platforms hosting user-generated content to establish a process enabling users to request removal of intimate content shared without their consent, including photos, videos, and artificially generated material. Covered platforms must provide clear and conspicuous notice about the removal process and must take down nonconsensual images within 48 hours of receiving a valid request.

“The FTC will vigorously enforce TIDA,” the FTC stated in a compliance advisory, noting that violators may face civil penalties of $53,088 per violation.

Industry advocates and stakeholders, as well as civil liberties groups, have raised concerns about various elements of the law, with some speculating that the law invites abusive takedown requests.

Industry attorney Corey Silverstein told XBIZ that the 48-hour removal timeline is “extraordinarily aggressive” compared to most existing moderation systems.

“It creates a strong incentive for platforms to over-remove content rather than risk FTC scrutiny and substantial civil penalties,” Silverstein said. “For user-generated-content platforms, cam sites, clip-sharing services, and messaging-based services, the message from regulators is clear: Compliance is expected immediately, and hesitation could become very expensive.”

In an article for XBIZ last year, industry attorney Lawrence Walters wrote that compliance could pose an “insurmountable burden” for some platforms, especially those with limited staff. He also outlined other potential challenges.

“Since this would be a federal criminal law, Section 230 immunity would not apply, leaving platforms vulnerable to criminal liability,” Walters wrote. “Unlike the DMCA, on which this bill is seemingly patterned, there is no requirement that the statements in the takedown notice be sworn under the penalty of perjury, and no provision allowing for claims against those who abuse the takedown procedure. This invites abuse by frivolous claimants or even competitors.”

The Free Speech Coalition has warned that the law includes no provisions that address “how platforms can or should deal with erroneous or fraudulent removal requests.”

Responding to Ferguson’s warning, Silverstein cited the political context of the TAKE IT DOWN Act as an indicator of what platforms can anticipate.

“I expect aggressive and highly public enforcement,” he told XBIZ. “Particularly because the law passed with overwhelming bipartisan support and regulators will likely want early headline-making cases to demonstrate seriousness.”

Walters told XBIZ that he also expects aggressive enforcement.

"Covered platforms under the TAKE IT DOWN Act should quickly evaluate their compliance obligations before the deadline, if they have not done so already," he advised. "Minimal preparation can avoid an expensive civil investigation and potential fines."

Copyright © 2026 Adnet Media. All Rights Reserved. XBIZ is a trademark of Adnet Media.
Reproduction in whole or in part in any form or medium without express written permission is prohibited.

More News

Luxembourg Media Regulator Fines LiveJasmin for AV Noncompliance

The Luxembourg Independent Audiovisual Authority (ALIA) has levied a fine of 25,000 euros (approximately $28,000) against webcam platform LiveJasmin for failing to comply with provisions of the country’s Electronic Media Law.

AdultHTML Introduces Subscription Option for Website Owners

AdultHTML has added a subscription option for its web development service, allowing site owners to pay a monthly fee for access to developers and tools.

French Parliament Rejects Ban on Purchase of 'Remote' Sexual Services

The French National Assembly has backed off from a proposal to criminalize the purchase, and/or facilitation by online platforms, of sexual services performed remotely by streamers and custom content creators.

2027 XBIZ Exec Awards Pre-Nominations Period Opens

XBIZ is pleased to announce that the pre-nomination period for the 2027 XBIZ Exec Awards, the adult industry’s preeminent career honors, begins Wednesday and runs through Oct. 14.

Takedown Piracy Reports Infiltration, Monitoring of 'Mega.nz' Pirated Content

Takedown Piracy has reported that the organization has successfully infiltrated Mega.nz folders and identified and removed nearly two million instances of stolen content.

Pornhub Unblocks Australia Users on iOS Devices, Citing Apple AV Effectiveness

Pornhub parent company Aylo on Tuesday announced that users in Australia will once again be able to access the popular site if they are using Apple devices and have confirmed their age through Apple’s Australian age-verification process.

California Governor Signs Bill Limiting CIPA Claims

Governor Gavin Newsom has signed into law a bill to narrow the scope of the California Invasion of Privacy Act (CIPA), to prevent abusive lawsuits targeting online businesses, including adult websites.

California Enacts Stricter UGC Rules for Adult Sites

Governor Gavin Newsom has signed into law a bill to impose tighter compliance standards for user-generated content (UGC) on adult websites accessible in California.

Minister: UK Aims to Begin Enforcing 'Choking' Ban Before Year's End

The U.K. will soon begin enforcement of a new law criminalizing depictions of “non-fatal strangulation” in adult content, according to a Ministry of Justice official.

XBIZ LA Conference Website Now Live, Registration Open

The event website for the XBIZ LA conference is now live, offering comprehensive information about the upcoming event, taking place Jan. 7-10 at the JW Marriott L.A. LIVE.

Show More