Social Media Compliance

On May 19, 2025, the federal government enacted a sweeping new law aimed at curbing the spread of nonconsensual intimate images (NCII)—including those generated by artificial intelligence. Dubbed the “Take It Down Act”, this legislation introduces criminal penalties and rapid takedown requirements for platforms hosting such content.

If you operate a digital platform that allows users to upload images, videos, or other media—even in the form of comments or community posts—this law could have significant implications for your business.

What the Take It Down Act Covers

The new law makes it a federal crime to knowingly post, share, or distribute nonconsensual explicit images or AI-generated deepfakes of individuals without their permission. The penalties include up to three years in prison and monetary fines.

But the reach of the law doesn’t end with individuals. Social media platforms, content hosting websites, and apps that enable user-generated content (UGC) are now obligated to:

• Remove flagged content within 48 hours
• Take reasonable steps to prevent re-uploads
• Report compliance efforts to the Federal Trade Commission (FTC)

This places a significant onus on platforms to proactively manage and moderate sensitive content—even when it originates from users.

Why Startups and Digital Brands Should Pay Attention

If your platform allows for user-submitted content—photos, videos, audio clips, or even comments—you are now part of the enforcement chain. That includes:

• Photo-sharing apps
• Video platforms
• Online forums
• Messaging apps
• Educational platforms or marketplaces with UGC

Startups in particular often move fast and build without fully developed content moderation systems. But under the Take It Down Act, failure to act quickly on NCII reports could expose your company to legal risk—and serious reputational damage.

This is especially true for platforms dealing with AI-generated deepfakes, where content may not appear obviously explicit or malicious at first glance. The law doesn’t carve out exceptions for machine-generated media. In fact, it calls it out directly.

How to Stay Compliant

• Implement a Takedown Policy – Draft and publish clear procedures for reporting and removing nonconsensual content. Be specific about how users can report flagged posts and your expected response time.
• Update Your Terms and Conditions – Work with a terms and conditions lawyer to include clauses addressing NCII and deepfake content. This ensures users understand what’s prohibited—and what happens when they cross the line.
• Develop Moderation Tools – Consider software solutions that detect visual or textual patterns related to explicit deepfake content. Manual review alone may not be enough.
• Create a Social Media Risk Assessment Plan – A social media risk assessment can help you evaluate your platform’s vulnerabilities and implement strategies to comply with this and other emerging laws.
• Train Your Team – Ensure that your moderators, developers, and legal teams understand what qualifies as NCII under the law and how to escalate reports efficiently.

The Bottom Line

The Take It Down Act is a clear signal from lawmakers: platforms must take responsibility for how their users share sensitive or explicit content.

Startups and tech companies need to treat this law as a catalyst to revisit content moderation strategies, terms of service, and legal protections. With the rise of AI-generated media, the line between satire and serious harm is getting harder to detect. Now’s the time to take proactive steps.

Need help protecting your platform from legal risk?

Contact The Social Media Law Firm today to get support crafting policies, content procedures, and legal safeguards that scale with your brand.

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