Statutory provisions

§ 223a(a) Prohibition

It shall be unlawful for any person, by means of any facility or means of interstate or foreign commerce, to knowingly publish, transmit, or make available non-consensual intimate visual depictions of an identifiable individual, including AI-generated or manipulated depictions.

§ 223a(b) Platform obligations

Any covered platform that receives a valid removal notice from an affected individual or their authorised representative must remove the identified content within 48 hours of receipt. The notice must identify the infringing URL, the affected individual, and the statutory basis for removal.

§ 223a(c) Enforcement

Violations are subject to civil penalties of up to $150,000 per violation. Criminal liability attaches for knowing and intentional violations, with penalties of up to 10 years imprisonment. The Federal Trade Commission is the primary enforcement authority.

§ 223a(d) Private right of action

Affected individuals may bring a civil action in any district court of the United States against any person or platform that violates subsection (a) or (b). Successful plaintiffs may recover actual damages, statutory damages of up to $150,000, injunctive relief, and attorney's fees.

§ 223a(e) Safe harbour

A covered platform is not liable under this section if it expeditiously removes identified content upon receipt of a valid notice and has implemented reasonable technical measures to prevent re-upload of the same content.

How ScanErase implements § 223a compliance

Your ScanErase exposure report gives you everything a notice needs to meet the precise statutory requirements of 47 U.S.C. § 223a: the infringing URL, the affected individual by name, the statutory basis for removal, and the good-faith representation required by subsection (b), for every platform where your content has been identified. Filing starts the 48-hour statutory clock for each platform individually.

Following dispatch, each platform's compliance is monitored. Platforms that respond within 48 hours are marked resolved in your dashboard. Platforms that do not respond are flagged, and a non-compliance documentation package is generated for use in any subsequent legal proceedings.

Who is covered as a platform under § 223a

The statute applies to any electronic communication service or interactive computer service provider that hosts or transmits user-generated content accessible from within the United States, regardless of where the platform is headquartered. This includes social media platforms, adult content sites, image hosting services, anonymous image boards, and messaging applications with public or semi-public channels. Platforms that are exclusively private messaging services with no public posting capability are carved out.

Frequently asked questions

What does 47 U.S.C. § 223a require?
Section 223a requires covered platforms to remove non-consensual intimate visual depictions, including AI-generated deepfakes, within 48 hours of receiving a valid removal notice. Failure to comply results in civil penalties of up to $150,000 per violation. Criminal liability attaches for knowing and intentional violations.
When was 47 U.S.C. § 223a enacted?
Section 223a was enacted in 2026 as part of the TAKE IT DOWN Act (Pub. L. 119-12), which was signed into federal law following years of advocacy from privacy rights organizations and digital safety groups.
Does § 223a cover AI-generated deepfakes?
Yes. The statute explicitly covers AI-generated or manipulated depictions of an identifiable individual in a sexually explicit context without their consent. A deepfake is treated identically to an authentic photograph for purposes of the removal obligation.
What is the safe harbour provision?
Under § 223a(e), a platform is not liable if it expeditiously removes content upon receipt of a valid notice and has implemented reasonable technical measures to prevent re-upload of the same content. This safe harbour incentivizes platforms to respond quickly to valid notices.