FTC to Enforce Take It Down Act’s 48-Hour Deepfake Removal Rule
Summary
The FTC will begin enforcing the Take It Down Act on May 19, requiring covered services to remove reported nonconsensual intimate imagery, including AI-generated forgeries, within 48 hours or face investigations and penalties up to $53,088 per violation.
Key points
- FTC enforcement of the Take It Down Act begins May 19.
- Covered services must remove reported nonconsensual intimate imagery, including AI-generated or modified digital forgeries, within 48 hours of notice.
- The FTC says noncompliance could lead to investigations and civil penalties of up to $53,088 per violation.
- The FTC expects platforms to provide clear, accessible takedown reporting, including options for people without accounts.
- The FTC recommends hashing removed content to prevent reuploads and sharing findings with nonprofits that track such material.
- An advocate warned that the penalties could encourage platforms to remove borderline or lawful content, and questioned the FTC’s capacity to enforce the law fairly.
Article Details
- Event Type
- The Federal Trade Commission will begin enforcing the Take It Down Act’s platform takedown requirements on May 19.
- Impact
- Covered platforms must remove reported nonconsensual intimate imagery, including AI-generated or modified deepfakes, within 48 hours of a victim’s notice. Businesses that fail to comply may face FTC investigation and civil penalties of up to $53,088 per violation. The FTC also recommends clear reporting processes and hashing to prevent reuploads. Becca Branum warned that the enforcement incentives could lead platforms to remove lawful content reported in bad faith.
People
Andrew FergusonFTC Chair who sent companies letters describing how the commission intends to enforce the Take It Down Act.Becca BranumDirector of the Free Expression Project at the Center for Democracy and Technology; commented on FTC enforcement, victim reporting options, and the risk that platforms may over-remove content.Duane PozzaPrivacy attorney who, with Ian Barlow, wrote that covered platforms face significant compliance incentives because of FTC enforcement and potential civil penalties.Elon MuskIdentified as X’s owner; the article reports that he initially dismissed criticism of the nonconsensual deepfakes on X and that he has since faced multiple criminal and civil investigations and lawsuits stemming from the incident.Ian BarlowPrivacy attorney who, with Duane Pozza, wrote that covered platforms face significant compliance incentives because of FTC enforcement and potential civil penalties.
Vendors
AlphabetFerguson’s letters were addressed to a who’s who of tech and social media companies, including Amazon, Alphabet, Apple, Automattic, Bumble, Discord, Match Group, Meta, Microsoft, Pinterest, Reddit, SmugMug, Snapchat,AmazonFerguson’s letters were addressed to a who’s who of tech and social media companies, including Amazon, Alphabet, Apple, Automattic, Bumble, Discord, Match Group, Meta, Microsoft, Pinterest, Reddit, SmugMug, Snapchat,Appleletters were addressed to a who’s who of tech and social media companies, including Amazon, Alphabet, Apple, Automattic, Bumble, Discord, Match Group, Meta, Microsoft, Pinterest, Reddit, SmugMug, Snapchat, TikTokAutomatticwere addressed to a who’s who of tech and social media companies, including Amazon, Alphabet, Apple, Automattic, Bumble, Discord, Match Group, Meta, Microsoft, Pinterest, Reddit, SmugMug, Snapchat, TikTok and X.Bumbleto a who’s who of tech and social media companies, including Amazon, Alphabet, Apple, Automattic, Bumble, Discord, Match Group, Meta, Microsoft, Pinterest, Reddit, SmugMug, Snapchat, TikTok and X.Discorda who’s who of tech and social media companies, including Amazon, Alphabet, Apple, Automattic, Bumble, Discord, Match Group, Meta, Microsoft, Pinterest, Reddit, SmugMug, Snapchat, TikTok and X.Match Groupof tech and social media companies, including Amazon, Alphabet, Apple, Automattic, Bumble, Discord, Match Group, Meta, Microsoft, Pinterest, Reddit, SmugMug, Snapchat, TikTok and X.MetaThe policy applies to major services including X, Meta, TikTok, and others, and comes with a maximum civil penalty of $53,088 per violation.Microsoftmedia companies, including Amazon, Alphabet, Apple, Automattic, Bumble, Discord, Match Group, Meta, Microsoft, Pinterest, Reddit, SmugMug, Snapchat, TikTok and X.Pinterestincluding Amazon, Alphabet, Apple, Automattic, Bumble, Discord, Match Group, Meta, Microsoft, Pinterest, Reddit, SmugMug, Snapchat, TikTok and X.Redditincluding Amazon, Alphabet, Apple, Automattic, Bumble, Discord, Match Group, Meta, Microsoft, Pinterest, Reddit, SmugMug, Snapchat, TikTok and X.SmugMugAmazon, Alphabet, Apple, Automattic, Bumble, Discord, Match Group, Meta, Microsoft, Pinterest, Reddit, SmugMug, Snapchat, TikTok and X.SnapchatAlphabet, Apple, Automattic, Bumble, Discord, Match Group, Meta, Microsoft, Pinterest, Reddit, SmugMug, Snapchat, TikTok and X.TikTokThe policy applies to major services including X, Meta, TikTok, and others, and comes with a maximum civil penalty of $53,088 per violation.