First Time in New Delhi: 12 Practical Tips Every Traveler Needs


12 Essential Tips for First-Timers in New Delhi, India: Smart Travel Hacks, Budget Advice, and Local Secrets

New Delhi is a fascinating mix of ancient heritage, crowded bazaars, luxury malls, Mughal architecture, colorful street markets, and nonstop energy. For first-time visitors, India’s capital can feel exciting, overwhelming, chaotic, and unforgettable all at once. From navigating the city’s busy streets to understanding local customs, travelers who arrive prepared often enjoy a smoother and more rewarding experience.

Essential Tips for First-Timers in New Delhi

Essential Tips for First-Timers in New Delhi

Whether you are visiting New Delhi for food adventures, historical landmarks, shopping, or cultural exploration, knowing a few practical travel and money-saving tips can make a major difference. Budget-conscious travelers can save significantly on transportation, accommodations, food, and sightseeing simply by understanding how the city works. Learning local etiquette, avoiding common tourist mistakes, and planning wisely also helps visitors enjoy Delhi safely and comfortably.

This guide covers 12 essential tips every first-time traveler should know before exploring New Delhi. These practical insights will help you save money, avoid scams, navigate the city efficiently, and experience the best of India’s capital like a smarter traveler.


1. Use the Delhi Metro Instead of Taxis Whenever Possible

Delhi Metro
Delhi Metro

The Delhi Metro is one of the best ways to travel around New Delhi, especially for first-time visitors trying to save money and avoid traffic. The city is notorious for heavy congestion, and taxi rides can become expensive if you get stuck during peak hours. The Metro system is modern, air-conditioned, affordable, and connects most major tourist attractions, including Connaught Place, Chandni Chowk, India Gate, Hauz Khas, and the airport.

Buying a rechargeable Metro card is a smart move because it saves time and slightly reduces fares compared to single-journey tokens. The trains are generally clean, safe, and efficient even during busy periods. Women travelers may also appreciate the dedicated women-only coach available on each train.

Using the Metro can dramatically cut transportation costs during your trip. A long taxi ride may cost several hundred rupees, while the same Metro trip often costs only a fraction of the price. It also helps avoid scams involving taxi drivers who refuse to use meters or overcharge tourists.

Plan your routes using Google Maps or local transit apps before heading out. Avoid rush hour if possible, especially between 8 AM and 10 AM and 5 PM and 7 PM, when trains become extremely crowded.


2. Stay in the Right Neighborhood for Your Travel Style

Connaught Place in New Delhi
Connaught Place in New Delhi

Choosing the right area to stay in New Delhi can greatly affect your overall experience. First-time visitors often book hotels solely based on low prices, only to discover they are staying far from attractions or in confusing neighborhoods with limited transport options.

Connaught Place is one of the best areas for tourists because it offers central access, restaurants, shopping, Metro connections, and hotels across a range of budgets. Karol Bagh is ideal for budget travelers seeking affordable accommodations and local shopping. South Delhi areas such as Hauz Khas and Saket provide a more modern atmosphere with trendy cafes, malls, and nightlife.

Paharganj, near New Delhi Railway Station, is popular with backpackers for its inexpensive hotels and hostels, but the area can feel chaotic and overwhelming for some first-time travelers. Research carefully before booking there.

Staying near a Metro station is one of the smartest money-saving decisions you can make because it reduces transportation expenses throughout your trip. It also saves valuable travel time in Delhi’s heavy traffic conditions.

When booking accommodations, read recent reviews carefully and confirm whether breakfast, airport transfers, Wi-Fi, and air-conditioning are included. These small details can help reduce daily expenses and improve overall comfort during your stay.


3. Avoid Eating at Random Tourist Restaurants

Food Stall in New Delhi
Food Stall in New Delhi

New Delhi is one of the world’s greatest food cities, but first-time travelers should be selective about where they eat. Tourist-heavy restaurants near major attractions sometimes charge inflated prices while offering average food quality. Some establishments also target foreigners with overpriced menus.

Instead, look for busy restaurants filled with locals. High customer turnover usually means fresher food and better value. Delhi is famous for butter chicken, kebabs, chaat, parathas, biryani, and rich North Indian cuisine. Food courts in shopping malls can also be surprisingly reliable for first-time visitors seeking cleaner dining environments.

Street food is an essential part of Delhi’s culture, but beginners should approach it carefully. Choose stalls with long queues, freshly cooked items, and visible hygiene practices. Avoid uncooked salads or items sitting out for long periods, especially during hot weather.

To save money, eat your biggest meal during lunch when many restaurants offer affordable thali combinations or lunch specials. Carry a reusable water bottle and refill only with filtered or bottled water to avoid unnecessary spending and health problems.

Apps like Zomato help travelers compare prices, reviews, and menus before dining. This can prevent overpaying and help you discover authentic local favorites away from tourist traps.


4. Learn Basic Bargaining Skills Before Shopping

Shopping in New Delhi
Shopping in New Delhi

Shopping in New Delhi can be exciting, especially in famous markets like Chandni Chowk, Sarojini Nagar, Janpath, and Dilli Haat. However, bargaining is part of the shopping culture in many local markets, and first-time tourists who pay the initial asking price often end up spending far more than necessary.

Vendors frequently quote higher prices to foreign travelers, expecting negotiation. A good strategy is to politely counter with roughly half the initial price and negotiate from there. Stay friendly, smile, and avoid appearing overly eager to buy something immediately. Walking away often encourages sellers to offer better prices.

For fixed-price shopping experiences, government-run emporiums and modern malls are safer choices, though prices may be higher. These locations are ideal for travelers uncomfortable with bargaining.

Cash is still widely preferred in many smaller markets, so carry small bills to avoid payment complications. Avoid showing large amounts of money while shopping in crowded areas.

If you plan to buy souvenirs, textiles, handicrafts, jewelry, or clothing, comparing prices between multiple shops can save significant money. Some stores near tourist attractions mark up products heavily, while the same items can be found elsewhere at lower prices.

Shopping smartly not only stretches your travel budget but also helps you enjoy the authentic market culture that makes New Delhi such a memorable destination.


5. Dress Comfortably and Respect Local Culture

New Delhi experiences extreme weather conditions, so dressing appropriately can make your trip far more comfortable. Summers are intensely hot, while winters can be surprisingly cold, especially in the early mornings and evenings. Checking the weather forecast before packing is essential.

Lightweight cotton clothing works best during warm months because it helps manage the heat and humidity. Comfortable walking shoes are also necessary, as many attractions involve extensive walking on uneven streets or through historical sites.

While Delhi is relatively modern, modest clothing is still appreciated in many places, especially religious sites such as temples, mosques, and gurudwaras. Travelers should avoid overly revealing outfits when visiting cultural or spiritual locations. Carrying a lightweight scarf is useful because some religious attractions require head coverings.

Dressing modestly can also reduce unwanted attention in crowded areas. Women travelers, especially, may feel more comfortable blending in with local fashion norms.

Avoid buying expensive winter clothing before arriving if traveling during colder months. Affordable jackets, scarves, and sweaters are widely available in Delhi markets for reasonable prices.

Packing wisely saves both luggage space and unnecessary spending during your trip. It also helps travelers navigate Delhi’s crowded streets, historical sites, markets, and transportation systems comfortably while respecting local customs and traditions.


6. Use Ride-Hailing Apps Carefully and Compare Prices

Ride-hailing apps such as Uber and Ola are widely available in New Delhi and can be convenient alternatives to traditional taxis or auto-rickshaws. However, first-time visitors should still compare prices carefully because fares fluctuate depending on demand, traffic, and weather conditions.

Before confirming a ride, check both apps to compare rates, if possible. Sometimes one service offers significantly cheaper pricing than the other. During peak traffic hours or rainy weather, surge pricing can dramatically increase transportation costs.

Auto-rickshaws are another affordable option for shorter distances, but many drivers may quote inflated prices to tourists. If you choose a regular auto-rickshaw, negotiate the fare before entering or insist on using the meter. Ride-hailing apps for auto-rickshaws often provide more transparent pricing.

Always verify the vehicle plate number and driver information before entering your ride. Sharing trip details with a friend or family member adds an extra layer of safety, especially for solo travelers arriving late at night.

Airport transfers arranged directly through hotels are sometimes more expensive than app-based rides. However, late-night arrivals may justify paying slightly more for convenience and safety.

Using ride-hailing apps strategically can save travelers substantial money while reducing the stress of navigating Delhi’s busy roads and unfamiliar transportation systems for the first time.


7. Wake Up Early to Explore Popular Attractions

Red Fort in New Delhi
Red Fort in New Delhi

One of the smartest strategies for visiting New Delhi is starting your sightseeing early in the morning. Famous attractions such as the Red Fort, Qutub Minar, Humayun’s Tomb, India Gate, and Jama Masjid become extremely crowded later in the day, especially during weekends and holidays.

Arriving early provides several advantages. Temperatures are cooler, photography conditions are better, and crowds are smaller, allowing a more enjoyable experience. It also reduces waiting times for tickets and security checks at major landmarks.

Morning exploration can save money indirectly by avoiding excessive transportation delays caused by midday traffic congestion. You may also fit more attractions into a single day without rushing.

Many historical sites in Delhi involve outdoor walking, so avoiding the intense afternoon heat helps conserve energy and prevents dehydration. Carry water, sunscreen, sunglasses, and a hat when sightseeing during warmer months.

Booking attraction tickets online in advance is another excellent way to save time and avoid long queues. Some attractions even offer slightly discounted online pricing for visitors.

By organizing sightseeing efficiently, travelers maximize their experience while minimizing unnecessary transportation expenses, long waits, and exhaustion. Early mornings also reveal a calmer and more peaceful side of New Delhi that many tourists never get to experience.


8. Be Cautious of Common Tourist Scams

Like many major tourist destinations worldwide, New Delhi has occasional scams targeting inexperienced travelers. Understanding common tricks beforehand can help visitors avoid losing money or wasting valuable vacation time.

One frequent scam involves taxi or auto-rickshaw drivers claiming that your hotel is closed or fully booked. They may attempt to redirect you to another hotel where they receive commissions. Always verify directly with your hotel instead of trusting unsolicited information from drivers.

Another common issue occurs near train stations and tourist attractions, where unofficial “guides” or fake tourism offices approach foreigners offering assistance. Politely decline unless you specifically arranged a licensed guide in advance.

When exchanging money, use official exchange counters, banks, or airport-authorized providers. Avoid street exchanges that promise unusually favorable rates, as scams involving counterfeit bills sometimes occur.

Some shops also pressure tourists into expensive purchases by claiming products are “government certified” or “special export quality.” Compare prices carefully before buying expensive carpets, jewelry, or handicrafts.

Staying alert, using trusted booking apps, and researching typical tourist scams before arrival are among the best ways to protect your travel budget. Confidence and preparation often discourage scammers from targeting travelers in the first place.


9. Carry Cash but Use Digital Payments When Possible

Although digital payments are increasingly common in India, cash remains important in many parts of New Delhi, especially at markets, food stalls, small shops, and local transportation services. Carrying a mix of payment options is the safest and most convenient strategy.

Keep smaller currency notes available for tipping, market purchases, Metro cards, and street food. Vendors sometimes struggle to provide change for large bills, which can lead to inconvenience or overspending.

At the same time, digital payments through credit cards or mobile payment systems are widely accepted in shopping malls, hotels, restaurants, and larger stores. Using cards for major purchases improves security and helps track spending during your trip.

Inform your bank before traveling internationally to prevent your card from being blocked due to foreign transactions. Travelers should also check whether their cards charge international transaction fees, as these costs can quietly add up over the course of a vacation.

Avoid carrying excessive cash in crowded markets or on public transportation. Use hotel safes for passports, backup cards, and emergency money whenever possible.

Smart money management reduces financial stress during travel and helps visitors stick to their budgets. Combining cash and digital payments ensures flexibility while minimizing the risks of theft, overspending, or unexpected payment issues during your New Delhi adventure.


10. Try Local Experiences Beyond Famous Tourist Attractions

Old Delhi
Old Delhi

Many first-time visitors focus only on Delhi’s major landmarks, but some of the city’s most memorable experiences come from exploring beyond the typical tourist circuit. Discovering local neighborhoods, markets, food streets, and cultural activities often costs less while creating richer travel memories.

Visit neighborhood markets where locals shop for spices, textiles, and street food instead of spending all your time in expensive malls. Explore Lodhi Garden for a peaceful escape from the city’s busy pace. Attend a cultural performance, local festival, or food tour to better understand Delhi’s diverse traditions.

Taking guided walking tours through Old Delhi can be surprisingly affordable and offers deeper insight into the city’s history, architecture, and cuisine. Many travelers find these experiences more rewarding than simply taking photos at famous monuments.

Using public transportation and eating where locals eat often results in significant savings compared to tourist-oriented experiences. Travelers also gain more authentic cultural interactions this way.

Balance iconic attractions with local exploration. Visiting hidden cafes, neighborhood temples, artisan markets, and traditional eateries allows travelers to experience the true personality of New Delhi rather than only its most photographed locations.

These authentic experiences frequently become the highlights travelers remember long after returning home.


11. Prepare for Delhi’s Air Quality and Climate

New Delhi’s air quality can sometimes be challenging, particularly during the winter months when pollution levels may rise significantly. First-time visitors should prepare accordingly to stay comfortable and healthy during their trip.

Travelers sensitive to pollution may benefit from carrying face masks, especially when walking through busy roads or crowded traffic areas. Staying hydrated is also extremely important because Delhi’s dry weather and heat can quickly lead to fatigue or dehydration.

Check daily air quality forecasts before planning outdoor sightseeing activities. On days with poorer conditions, consider visiting museums, malls, cafes, or indoor attractions instead of spending extended periods outdoors.

Seasonal timing matters greatly when visiting Delhi. October to March generally offers the most pleasant weather for sightseeing, while summer temperatures from April to June can be intensely hot. Monsoon season brings occasional heavy rains and humidity.

Packing sunscreen, lip balm, sunglasses, and moisturizer helps travelers stay comfortable regardless of the season. During winter, mornings and evenings may require light jackets even if afternoons remain sunny.

Being prepared for Delhi’s climate conditions prevents unnecessary purchases, medical expenses, and travel discomfort. Smart planning allows travelers to focus on enjoying the city’s incredible food, history, architecture, and culture instead of struggling with weather-related issues during their vacation.


12. Respect Local Customs and Stay Patient

New Delhi is energetic, crowded, noisy, and fast-moving. For many first-time visitors, culture shock is completely normal. Traffic patterns, crowded markets, street sounds, and public interactions may initially feel overwhelming compared to quieter destinations.

Patience is one of the most valuable travel skills in Delhi. Transportation delays, long queues, crowded attractions, and occasional communication misunderstandings are part of the experience. Staying calm and flexible helps travelers enjoy the city far more.

Learning a few basic Hindi phrases, such as “Namaste” or “Dhanyavaad,” can create positive interactions with locals. Most people appreciate visitors who show interest in local culture and customs.

When visiting temples, mosques, and gurudwaras, follow posted rules regarding shoes, photography, and clothing. Small gestures of cultural respect often lead to warmer hospitality and more meaningful travel experiences.

Tipping is common in restaurants, hotels, and for helpful services, but excessive tipping may encourage inflated expectations from tourists. Moderate tipping is usually sufficient.

Approaching New Delhi with curiosity, openness, and realistic expectations transforms the city from intimidating to deeply rewarding. Travelers who embrace its energy, diversity, and unpredictability often leave with unforgettable memories and a strong desire to return.

ISKCON Temple, New Delhi
ISKCON Temple, New Delhi

Why Visit New Delhi?

New Delhi is a city that rewards prepared and open-minded travelers. Its vibrant markets, incredible food, historic monuments, and cultural diversity create an unforgettable experience unlike anywhere else in the world. While the city may initially seem overwhelming to first-time visitors, understanding how to navigate transportation, avoid scams, manage money, and respect local customs can dramatically improve your trip.

From riding the affordable Delhi Metro to bargaining smartly in local markets and exploring hidden neighborhood gems, small decisions can save travelers both money and stress. Planning wisely also allows visitors to enjoy Delhi more comfortably while experiencing authentic local culture beyond the standard tourist attractions.

For travelers willing to embrace the city’s fast pace and fascinating contrasts, New Delhi offers remarkable memories, rich history, and endless discoveries. With these essential tips, first-time visitors can explore India’s capital more confidently, safely, and affordably while making the most of every moment in this extraordinary destination.

New Delhi Travel and Tour Packages

Want more updates about new package tours and tourist attractions in New Delhi, that you can add to your itinerary? Follow the Out of Town Travel Blog on Facebook, Twitter, Instagram, and Pinterest if you want more travel and food-related updates.

Read:





Source link

Leave a Reply

Subscribe to Our Newsletter

Get our latest articles delivered straight to your inbox. No spam, we promise.

Recent Reviews


  • Law establishes national prohibition against nonconsensual online publication of intimate images of individuals, both authentic and computer-generated.
  • First federal law regulating AI-generated content.
  • Creates requirement that covered platforms promptly remove depictions upon receiving notice of their existence and a valid takedown request.
  • For many online service providers, complying with the Take It Down Act’s notice-and-takedown requirement may warrant revising their existing DMCA takedown notice provisions and processes.
  • Another carve-out to CDA immunity? More like a dichotomy of sorts…. 

On May 19, 2025, President Trump signed the bipartisan-supported Take it Down Act into law. The law prohibits any person from using an “interactive computer service” to publish, or threaten to publish, nonconsensual intimate imagery (NCII), including AI-generated NCII (colloquially known as revenge pornography or deepfake revenge pornography). Additionally, the law requires that, within one year of enactment, social media companies and other covered platforms implement a notice-and-takedown mechanism that allows victims to report NCII.  Platforms must then remove properly reported imagery (and any known identical copies) within 48 hours of receiving a compliant request.

Support for the Act and Concerns

The Take it Down Act attempts to fill a void in the policymaking space, as many states had not enacted legislation regulating sexual deepfakes when it was signed into law. The Act has been described as the first major federal law that addresses harm caused by AI. It passed the Senate in February of this year by unanimous consent and passed the House of Representatives in April by a vote of 409-2. It also drew the support of many leading technology companies.

Despite receiving almost unanimous support in Congress, some digital privacy advocates have expressed some concerns that the new notice-and-takedown mechanism could have some unintended consequences for digital privacy in general.  For example, some commentators have suggested that the statute’s takedown provision is written too broadly and lacks sufficient safeguards against frivolous requests, potentially leading to the removal of lawful content –especially given the short 48-hour time to act following a takedown request.  [Note: In 2023, we similarly wrote about abuses of the takedown provision of the Digital Millennium Copyright Act]. In addition, some have argued that the law could undermine end-to-end encryption by possibly forcing such companies to “break” encryption to comply with the removal process.  Supporters of the law have countered that private encrypted messages would likely not be considered “published” under the text of the statute (which uses the term “publish” as opposed to “distribute”).

Criminalization of NCII Publication for Individuals

The Act makes it unlawful for any person “to use an interactive computer service to knowingly publish an intimate visual depiction of an identifiable individual” under certain circumstances.[1] It also prohibits threats involving the publishing of NCII and establishes various criminal penalties. Notably, the Act does not distinguish between authentic and AI-generated NCII in its penalties section if the content has been published. Furthermore, the Act expressly states that a victim’s prior consent to the creation of the original image or its disclosure to another individual does not constitute consent for its publication.

New Notice-and-Takedown Requirement for “Covered Platforms”

Along with punishing individuals who publish NCII, the Take it Down Act requires covered platforms to create a notice-and-takedown process for NCII within one year of the law’s passage. Below are the main points for platforms to consider:

  • Covered Platforms. The Act defines a “covered platform” as a “website, online service, online application, or mobile application” that serves the public and either provides a forum for user-generated content (including messages, videos, images, games, and audio files) or regularly deals with NCII as part of its business.
  • Notice-and-Takedown Process. Covered platforms must create a process through which victims of NCII (or someone authorized to act on their behalf) can send notice to them about the existence of such material (including a statement indicating a “good faith belief” that the intimate visual depiction of the individual is nonconsensual, along with information to assist in locating the unlawful image) and can request its removal.
  • Notice to Users. Adding an additional compliance item to the checklist, the Act requires covered platforms to provide a “clear and conspicuous” notice of the Act’s notice and removal process, such as through a conspicuous link to another web page or disclosure.
  • Removal of NCII. Within 48 hours of receiving a valid removal request, covered platforms must remove the NCII and “make reasonable efforts to identify and remove any known identical copies.”
  • Enforcement. Compliance under this provision will be enforced by the Federal Trade Commission (FTC).
  • Safe Harbor. Under the law, covered platforms will not be held liable for “good faith” removal of content that is claimed to be NCII “based on facts or circumstances from which the unlawful publishing of an intimate visual depiction is apparent,” even if it is later determined that the removed content was lawfully published.

Compliance Note: For many online service providers, complying with the Take It Down Act’s notice-and-takedown requirement may warrant revising their existing DMCA takedown notice provisions and processes, especially if those processes have not been reviewed or updated for some time.  Many “covered platforms” may rely on automated processes (or a combination of automated efforts combined with targeted human oversight) to fulfill Take It Down Act requests and meet the related obligation to make “reasonable efforts” to identify and remove known identical copies.  This may involve using tools for processing notices, removing content and detecting duplicates. As a result, some providers should consider whether their existing takedown provisions should also be amended to address these new requirements and how they will implement these new compliance items on the backend using the infrastructure already in place for the DMCA.

What about CDA Section 230?

Section 230 of the Communications Decency Act (“CDA”), 47 U.S.C § 230, prohibits a “provider or user of an interactive computer service” from being held responsible “as the publisher or speaker of any information provided by another information content provider.” Courts have construed the immunity provisions in Section 230 broadly in a variety of cases arising from the publication of user-generated content. 

Following enactment of the Take It Down Act, some important questions for platforms are: (1) whether Section 230 still protects platforms from actions related to the hosting or removal of NCII; and (2) whether FTC enforcement of the Take It Down Act’s platform notice-and-takedown process is blocked or limited by CDA immunity. 

On first blush, it might seem that the CDA would restrict enforcement against online providers in this area, as decisions regarding the hosting and removal of third party content would necessarily treat a covered platform as a “publisher or speaker” of third party content. However, a deeper examination of the text of the CDA suggests the answer is more nuanced.

It should be noted that the Good Samaritan provision of the CDA (47 U.S.C § 230(c)(2)) could be used by online providers as a shield from liability for actions taken to proactively filter or remove third party NCII content or remove NCII at the direction of a user’s notice under the Take It Down Act, as CDA immunity extends to good faith actions to restrict access to or availability of material that the provider or user considers to be “obscene, lewd, lascivious, filthy, excessively violent, harassing, or otherwise objectionable.” Moreover, the Take It Down Act adds its own safe harbor for online providers for “good faith disabling of access to, or removal of, material claimed to be a nonconsensual intimate visual depiction based on facts or circumstances from which the unlawful publishing of an intimate visual depiction is apparent, regardless of whether the intimate visual depiction is ultimately determined to be unlawful or not.” 

Still, further questions about the reach of the CDA prove more intriguing. The Take It Down Act appears to create a dichotomy of sorts regarding CDA immunity in the context of NCII removal claims.  Under the text of the CDA, it appears that immunity would not limit FTC enforcement of the Take It Down Act’s notice-and-takedown provision affecting “covered platforms.” To explore this issue, it’s important to examine the CDA’s exceptions, specifically 47 U.S.C § 230(e)(1).   

Effect on other laws

(1) No effect on criminal law

Nothing in this section shall be construed to impair the enforcement of section 223 or 231 of this title [i.e., the Communications Act], chapter 71 (relating to obscenity) or 110 (relating to sexual exploitation of children) of title 18, or any other Federal criminal statute.

Under the text of the CDA’s exception, Congress carved out Section 223 and 231 of the Communications Act from the CDA’s scope of immunity.  Since the Take It Down Act states that it will be codified at Section 223 of the Communications Act of 1934 (i.e., 47 U.S.C. 223(h)), it appears that platforms would not enjoy CDA protection from FTC civil enforcement actions based on the agency’s authority to enforce the Act’s requirements that covered platforms “reasonably comply” with the new Take It Down Act notice-and-takedown obligations.

However, that is not the end of the analysis for platforms.  Interestingly, it would appear that platforms would generally still retain CDA protection (subject to any exceptions) from claims related to the hosting or publishing third party NCII that have not been the subject of a Take It Down Act notice, since the Act’s requirements for removal of NCII by platforms would not be implicated without a valid removal request.[2]  Similarly, a platform could make a strong argument that it retains CDA immunity from any claims brought by an individual (rather than the FTC) for failing to reasonably comply with a Take It Down Act notice.  That said, it is conceivable that litigants – or event state attorneys general – might attempt to frame such legal actions under consumer protection statutes, as the Take It Down Act states that a failure to reasonably comply with an NCII takedown request is an unfair or deceptive trade practice under the FTC Act.  Even in such a case, platforms would likely contend that such claims by these non-FTC parties are merely claims based on a platform’s role as publisher of third party content and are therefore barred by the CDA. 

Ultimately, most, if not all, platforms will likely make best efforts to reasonably comply with the Take It Down Act, thus avoiding the above contingencies.  Yet, for platforms using automated systems to process takedown requests, unintended errors may occur and it’s important to understand how and when the CDA would still protect platforms against any related claims.

Looking Ahead

It will be up to a year before the notice-and-takedown requirements become effective, so we will have to wait and see how well the process works in eradicating revenge pornography material and intimate AI deepfakes from platforms, how the Act potentially affects messaging platforms, how aggressively the Department of Justice will prosecute offenders, and how closely the FTC will be monitoring online platforms’ compliance with the new takedown requirements.

It also remains to be seen whether Congress has an appetite to pass more AI legislation. Less than two weeks before the Take it Down Act was signed into law, the Senate Committee on Commerce, Science, and Transportation held a hearing on “Winning the AI Race” that featured the CEOs of many well-known AI companies. During the hearing, there was bipartisan agreement on the importance of sustaining America’s leadership in AI, expanding the AI supply chain and not burdening AI developers with a regulatory framework as strict as the EU AI Act. The senators listened to testimony from tech executives calling for enhanced educational initiatives and the improvement of infrastructure needed for advancing AI innovation, alongside discussing proposed bills regulating the industry, but it was not clear whether any of these potential policy solutions would receive enough support to be signed into law.

The authors would like to thank Aniket C. Mukherji, a Proskauer legal assistant, for his contributions to this post.


[1] The Act provides that the publication of the NCII of an adult is unlawful if (for authentic content) “the intimate visual depiction was obtained or created under circumstances in which the person knew or reasonably should have known the identifiable individual had a reasonable expectation of privacy,” if (for AI-generated content) “the digital forgery was published without the consent of the identifiable individual,” and if (for both authentic and AI-generated content) what is depicted “was not voluntarily exposed by the identifiable individual in a public or commercial setting,” “is not a matter of public concern,” and is intended to cause harm or does cause harm to the identifiable individual. The publication of NCII (whether authentic or AI-generated) of a minor is unlawful if it is published with intent to “abuse, humiliate, harass, or degrade the minor” or “arouse or gratify the sexual desire of any person.” The Act also lists some basic exceptions, such as publications of covered imagery for law enforcement investigations, legal proceedings, or educational purposes, among other things.

[2] Under the Act, “Upon receiving a valid removal request from an identifiable individual (or an authorized person acting on behalf of such individual) using the process described in paragraph (1)(A)(ii), a covered platform shall, as soon as possible, but not later than 48 hours after receiving such request—

(A) remove the intimate visual depiction; and

(B) make reasonable efforts to identify and remove any known identical copies of such depiction.



Source link