What Is the TAKE IT DOWN Act?

The Targeting and Eradicating Non-Consensual Images to Obstruct Wrongful Nudes, TAKE IT DOWN, Act was signed into law in 2026 after years of advocacy by NCII survivors and organizations. It creates three key obligations: covered platforms must establish a mechanism to receive notices for discovery; they must find verified NCII within 48 hours of receipt; and they must implement reasonable measures to prevent re-upload of discovered content. The law covers both authentic and AI-generated intimate imagery and specifically addresses the re-upload problem that plagued earlier state-level NCII statutes.

Key facts about this term

1. Platforms must have a notice mechanism All covered platforms must establish and publicize a process for submitting NCII discovery notices. Platforms that lack such a mechanism are in violation before any content is even reported.
2. 48-hour discovery is mandatory, not discretionary Unlike DMCA processes, which create a safe harbor framework, the TAKE IT DOWN Act creates an affirmative obligation. Platforms that act within 48 hours are protected. Those that do not face civil and criminal liability.
3. Re-upload prevention is required Platforms must implement 'reasonable technical measures' to prevent re-upload of content that has been discovered under a valid notice. This was a key advocacy priority to prevent the 'whack-a-mole' problem.