DEFIANCE Act of 2025

The DEFIANCE Act of 2025 addresses the growing problem of non-consensual intimate digital forgeries, commonly known as deepfakes. The bill would establish a federal civil right of action allowing individuals depicted in sexually explicit deepfake images or videos to sue those who knowingly create, distribute, or possess such content without consent. This would apply to content created using technology like artificial intelligence that appears realistic to an ordinary observer.

Victims would be able to seek multiple forms of relief through the courts. They could recover actual damages for harm suffered, as well as liquidated damages of $150,000 per violation, or $250,000 if the deepfake is connected to sexual assault or harassment. The bill would also allow courts to order the removal or destruction of harmful content and grant other privacy protections, such as allowing victims to use pseudonyms in legal proceedings. Victims would have 10 years from discovery of the violation to file a lawsuit.

The bill passed the Senate unanimously in January 2026 and is now being considered by the House. The legislation would work alongside existing federal, state, and tribal laws rather than replacing them. This approach focuses on civil remedies through the court system rather than relying solely on criminal prosecution, giving victims a direct legal pathway to seek justice and compensation for the harm caused by non-consensual intimate deepfakes.