References in Text
The Federal Trade Commission Act, referred to in subsec. (b)(2)(A), (B), is [act Sept. 26, 1914, ch. 311], [38 Stat. 717], which is classified generally to subchapter I (§ 41 et seq.) of chapter 2 of Title 15, Commerce and Trade. For complete classification of this Act to the Code, see section 58 of Title 15 and Tables.
This Act, referred to in subsec. (b)(2)(C), is Pub. L. 119—112, May 19, 2025, [139 Stat. 55], which enacted this section, amended section 223 of this title, and enacted provisions set out as notes under this section and sections 223 and 609 of this title. For complete classification of this Act to the Code, see Short Title of 2025 Amendment note set out under section 609 of this title.
Codification
Section was enacted as part of the “Tools to Address Known Exploitation by Immobilizing Technological Deepfakes on Websites and Networks Act”, also known as the “TAKE IT DOWN Act”, and not as part of the Communications Act of 1934 which comprises this chapter.
Definitions
[Pub. L. 119–12, § 4], May 19, 2025, [139 Stat. 61], provided that: “In this Act [see Short Title of 2025 Amendment note set out under section 609 of this title]:“(1)
Commission.—
The term ‘Commission’ means the Federal Trade Commission.
“(2)
Consent; digital forgery; identifiable individual; intimate visual depiction.—
The terms ‘consent’, ‘digital forgery’, ‘identifiable individual’, ‘intimate visual depiction’, and ‘minor’ have the meaning given such terms in section 223(h) of the Communications Act of 1934 (
47 U.S.C. 223[(h)]), as added by section 2.
“(3)
Covered platform.—
“(A)
In general.—
The term ‘covered platform’ means a website, online service, online application, or mobile application—
“(i)
that serves the public; and
“(ii)
(I)
that primarily provides a forum for user-generated content, including messages, videos, images, games, and audio files; or
“(II)
for which it is in the regular course of trade or business of the website, online service, online application, or mobile application to publish, curate, host, or make available content of nonconsensual intimate visual depictions.
“(B)
Exclusions.—
The term ‘covered platform’ shall not include the following:
“(i)
A provider of broadband internet access service (as described in section 8.1(b) of title 47, Code of Federal Regulations, or successor regulation).
“(iii)
Except as provided in subparagraph (A)(ii)(II), an online service, application, or website—
“(I)
that consists primarily of content that is not user generated but is preselected by the provider of such online service, application, or website; and
“(II)
for which any chat, comment, or interactive functionality is incidental to, directly related to, or dependent on the provision of the content described in subclause (I).”