People targeted by non-consensual sexual deepfakes — AI-generated images or videos that falsely depict them in intimate or sexual situations — would gain a federal right to sue for damages under this Senate-passed bill. It broadens an existing civil-lawsuit law that currently covers leaked real intimate photos so that it also covers digitally faked ones, reaching anyone who knowingly creates, keeps with intent to share, discloses, or seeks out such a forgery without the depicted person's consent. Victims could collect $150,000 in liquidated damages, or $250,000 if the forgery is connected to sexual assault, stalking, or harassment, on top of attorney's fees and possible punitive damages, and courts could order the forgery deleted or blocked. Individuals would have up to 10 years after discovering the forgery, or until they turn 18, to bring a claim, and courts could let them sue anonymously to protect their privacy. State and tribal laws that protect victims further would remain in effect.
Civil Liberties
- Victim civil-suit rights — New federal claim covers deepfake production, possession, and disclosure
- Victim damages — Liquidated damages up to $250,000, plus punitive damages and profit disgorgement
- Victim privacy protections — Courts may allow pseudonym use and sealed filings in these suits
- Statute of limitations — Victims get up to 10 years from discovery, or until age 18, to sue
Congressional Summary
Disrupt Explicit Forged Images And Non-Consensual Edits Act of 2025 or the DEFIANCE Act of 2025This bill expands civil remedies for the nonconsensual disclosure of intimate images (i.e., nonconsensual pornography). The bill also establishes a new federal civil action for nonconsensual conduct involving intimate digital forgeries (i.e., deepfakes). The term intimate digital forgery means any intimate visual depiction of an identifiable individual created using software, machine learning, artificial intelligence, or other computer-generated or technological means that looks authentic.With respect to the nonconsensual disclosure of intimate images, current law allows an identifiable individual to recover civil remedies, including litigation costs, damages, and injunctive relief. This bill increases the available damages by allowing the individual to recover punitive damages and by including, as part of actual damages, profits of the defendant that are attributable to the conduct at issue.The bill also allows an identifiable individual who is the subject of an intimate digital forgery to file a federal civil action against anyone who knowingly discloses, produces or possesses with intent to disclose, or solicits and receives the intimate digital forgery without the individual's consent. Under the bill, the identifiable individual may recover the same expanded civil remedies that are available for the nonconsensual disclosure of intimate images.Finally, the bill establishes a 10-year statute of limitations for filing civil actions involving nonconsensual intimate digital forgeries or nonconsensual disclosure of intimate images. The statute begins to run when the individual discovers the violation or turns 18, whichever is later.
Legislative Subjects
Details
- Congress
- 119th
- Chamber
- Senate
- Status
- summarized
- Action
- Passed Senate
- Action Date
- 2026-01-13
- Date Added
- 2026-07-07
- Source
- Congress.gov →
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