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Marketplace All-in-One

The Take It Down Act is in full effect. Now what?

Marketplace All-in-One

Marketplace

Business, News

4.51.4K Ratings

🗓️ 8 June 2026

⏱️ 8 minutes

🧾️ Download transcript

Summary

Enforcement of the Take It Down Act began last month. If tech firms don’t comply and take down non-consensual intimate images — AI-generated or not — within 48 hours of being notified, they face financial and criminal penalties.


Lauren Feiner is a senior policy reporter at The Verge, who’s been writing about the law. She walked us through how platforms have been responding.

Transcript

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0:00.0

The Take It Down Act takes full effect.

0:04.6

From American Public Media, this is Marketplace Tech.

0:07.8

I'm Megan McCarty Carino.

0:09.6

Congress actually passed a bipartisan law last year, you know, the Take It Down Act.

0:24.5

It requires online platforms to take down sexually explicit deep fakes and other non-consensual intimate images

0:31.9

within 48 hours of a valid removal request.

0:36.0

And last month, enforcement began. If tech firms don't comply,

0:40.3

they face financial and even criminal penalties. Lauren Feiner is a senior policy reporter at

0:46.8

the verge, and she's been writing about the law. She walked me through how platforms have been

0:51.7

responding. Most of the major tech companies have implemented some

0:56.6

form of reporting mechanism for users to say if they see NCI on their platforms and then take action on

1:05.5

it. So I think what remains to be seen is just how well those systems work and what exactly the platforms do to take

1:13.0

action on those requests. And what kind of penalties do the platforms face if they are found to be

1:19.7

in violation? Basically, the FTC can enforce civil penalties of more than 53,000 per violation on the platforms if they fail to remove NCI

1:31.7

in the time they're supposed to when it's flagged to them.

1:36.3

So there's this incentive for companies to sort of police content very quickly.

1:44.0

I guess the worry is that can turn into a perverse incentive,

1:47.7

right? Yeah, exactly. So, you know, I think there's kind of two potentially perverse incentives.

1:54.3

On the one hand, there's the potential that platforms get a little bit overly ambitious or overly cautious with the sort

2:04.8

of content that they're going to take down, right? Because if you are responsible under these

2:12.0

large penalties for taking down any NCI flagged to you within 48 hours, you know, you might just take down

2:20.6

as much as you are flagged or as much as even seems like maybe it'll fall into the bucket where

...

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