Platforms Must Now Process Takedown Requests

Today marks the deadline for online platforms to implement procedures for removing nonconsensual intimate imagery under the TAKE IT DOWN Act (TIDA) in the United States. The law, enacted one year ago, requires platforms to remove reported imagery within 48 hours of a valid request from the person depicted or their agent. It also asks them to try and remove duplicates of the image.

Civil society groups cautioned lawmakers that these provisions could be misused during the bill’s negotiation, and now the effectiveness of the law will be tested. Techdirt suggests platforms should include TIDA takedown statistics in their regular transparency reports, detailing numbers of notices received, compliance rates, and average takedown times.

The law criminalizes sharing intimate images without consent, whether real or AI-generated, and applies to both individuals and platforms. However, some worry the 48-hour timeframe is too quick and the law lacks appeal processes or penalties for false requests, potentially harming free speech. The impact of TIDA remains to be seen, as generative AI could make fully removing images difficult for victims.

Platforms are already familiar with similar takedown processes for copyright, terrorism, and child sexual abuse material. The law’s success will depend on how well platforms adapt existing systems.