The TAKE IT DOWN Act for forum owners: the 48-hour removal rule
Signed May 19, 2025, the TAKE IT DOWN Act, Pub. L. 119-12 (GovInfo) added a federal notice-and-removal duty for nonconsensual intimate images, including AI-generated "digital forgeries." Platforms had one year to set up the process, so it applies now. If you run a forum where members post content, read on.
- A 'covered platform' includes public websites that primarily provide a forum for user-generated content.
- Platforms needed a removal-request process within 1 year after May 19, 2025.
- Valid requests must be acted on as soon as possible and within 48 hours, including reasonable efforts to remove known identical copies.
- Failure to reasonably comply is treated as an FTC rule violation, including for nonprofits.
Are you covered?
The Act defines a covered platform as a website, online service or app that "serves the public" and "primarily provides a forum for user-generated content, including messages, videos, images, games, and audio files." Email and broadband providers are excluded. So are sites that mainly host their own preselected content where comments are incidental. A typical discussion forum is the core case.
What you must build
Under 47 U.S.C. 223a, notice and removal of nonconsensual intimate visual depictions (TAKE IT DOWN Act), you need a process for a person, or someone authorized to act for them, to notify you and request removal. A valid request is in writing and includes:
- A physical or electronic signature;
- Enough information to identify and locate the image;
- A brief statement of good-faith belief that it was published without consent;
- Contact information.
You must also post a "clear and conspicuous notice" of the process, in plain language, explaining how to submit a request.
The 48-hour clock
After a valid request, you must "as soon as possible, but not later than 48 hours after receiving such request" remove the image and "make reasonable efforts to identify and remove any known identical copies."
Liability and enforcement
Good-faith removal based on facts that make the unlawful publishing apparent is protected from liability, even if the image is later found lawful. Failure to reasonably comply is treated as an unfair or deceptive practice under FTC rules, and the Act extends FTC enforcement to nonprofit organizations.
Setup checklist
- Add a "Report intimate image" form or dedicated email, linked from your footer and moderation guide.
- Route reports to an admin who checks them daily, including weekends.
- Use attachment hashing or search so you can find duplicate copies.
- Log each request time and removal time.
- Compare with your DMCA designated agent process. It's a different law with different rules.
General information for forum owners, not legal advice. Check the current law and talk to a lawyer about your community.
Published October 30, 2026. We do not use affiliate links on this page; see our Affiliate Disclosure.