FTC begins enforcing Take It Down Act for nonconsensual deepfakes

The Federal Trade Commission (FTC) is set to begin enforcing a key provision of the Take It Down Act on May 19, requiring websites and online services to remove nonconsensual deepfake media within 48 hours after a victim’s notice, or risk fines and FTC investigation, with further coverage provided by CyberScoop.

The Take It Down Act mandates that online platforms remove nonconsensual intimate imagery and AI-generated "digital forgeries" within 48 hours of a victim's report. Failure to comply can result in significant fines, with a maximum civil penalty of $53,088 per violation. The FTC, led by Chair Andrew Ferguson, has sent letters to major tech companies, including Meta, Google, and X, outlining enforcement expectations. Companies must establish clear and accessible reporting mechanisms for victims, including those without accounts, and display their removal policies prominently.

The FTC also recommends implementing hashing technologies to prevent content from reappearing and collaborating with organizations like the National Center for Missing and Exploited Children. While the law aims to protect vulnerable individuals, particularly children, concerns have been raised about the FTC's capacity to effectively regulate content moderation at such a large scale. Experts note that the substantial penalties incentivize platforms to err on the side of caution, potentially leading to the removal of legitimate content to avoid violations.

Source: CyberScoop