The Take It Down Act, a law aimed at combating nonconsensual intimate imagery (NCII), has been fully implemented, but experts warn that it may not effectively help victims and could potentially facilitate censorship online. According to the report, the law requires online platforms to remove NCII within 48 hours or face fines. as the report says, the law's takedown provision has alarmed both free speech advocates and online abuse opponents.

The $53,000 Per Violation Enforcement

The FTC has instructed online platforms, including Amazon, Alphabet, and Meta,to offer users an easy takedown request process and remove offending content within 48 hours,as well as any 'known identical copies.' The agency reminded companies that violating the law could result in civil penalties of more than $53,000 per violation. as Meta head of women's safety Cindy Southworth said, the company has 'long fought intimate image abuse on our platforms,' including by removing it and helping develop tools to catch it.

May 19th,2026: A New Era for Online Content Moderation

The Take It Down Act's takedown provision took effect on May 19th, 2026, a year after the law's passage.. The law immediately criminalized distributing NCII,whether in the form of real or AI-generated material. As the report notes, the law's namesake takedown provision is more sweeping, requiring online platforms to remove NCII within 48 hours or face fines. According to TikTok US spokesperson Mahsau Cullinane, the company has a zero-tolerance policy for NCII and has partnered with NCMEC and StopNCII.org to combat it.

A Gift to Government Censors, Not Victims

Experts, including Mary Anne Franks, president of the Cyber Civil Rights Initiative, are skeptical about the law's enforcement and potential misuse. Franks is 'suspicious' about why major tech platforms have endorsed the law, saying 'my fears about this, and I hope I'm wrong,is that the reason why the companies aren't mad about this is because they know it's never actually going to be used against them.' As the report says, Franks worries that the law could be wielded against platforms the administration views as a thorn in its side, such as those that host LGBTQ+ expression.

Who Will Be Affected by the Law's Misuse

According to the report, the law could potentially be used to censor speech, particularly LGBTQ+ expression. Franks says that 'I think what is the worst thing that can happen is, it turns out to be a paper tiger against the companies that are doing the worst and turns out to be a way to penalize and to actually truly go after unpopular platforms and to censor speech.' As the report notes, this could have serious consequences for marginalized communities, including transgender youth who are already being targeted by the FTC.