Section 223a of Title 47 creates specific statutory obligations for online platforms. The section defines non-consensual intimate visual depiction, establishes the notice requirements that trigger removal obligations, specifies the 48-hour timeline, requires re-upload prevention measures, and creates both criminal penalties for willful violation and civil remedies for victims. ScanErase's legal notices are formatted to comply precisely with the requirements of 47 U.S.C. § 223a, ensuring they trigger the mandatory removal obligation rather than voluntary platform discretion.

Key facts about this term

  1. Section 223a defines NCIVD broadly The statutory definition covers authentic intimate images, AI-generated and synthetic imagery, morphed or manipulated imagery, and video content — any visual depiction of a real identifiable individual in an intimate context without consent.
  2. Notices must meet statutory requirements A valid 223a notice must identify the victim, identify the content, and include a certification of non-consent under penalty of perjury. Notices that do not meet these requirements may not trigger the mandatory removal timeline.
  3. Damages are available to victims of non-compliance Section 223a provides for statutory damages against platforms that fail to remove covered content within 48 hours. Victims do not need to prove actual financial harm.

Frequently asked questions

Is 47 U.S.C. § 223a the same as the TAKE IT DOWN Act?

Yes. The TAKE IT DOWN Act is the legislative name for the law. Once enacted, it was codified as 47 U.S.C. § 223a — the permanent location in the U.S. Code where the statute's requirements are found.

Can I file a 223a notice myself?

Yes. The statute creates a right for victims to file their own notices. However, notices must meet specific formal requirements. ScanErase prepares and submits compliant notices on your behalf to maximize the 48-hour compliance rate.

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