HR1941-119

What This Bill Does

The Preventing Deepfakes of Intimate Images Act targets nonconsensual intimate digital depictions, including realistic images created or altered by digital manipulation. It adds a Violence Against Women Act civil action for depicted individuals whose intimate digital depiction is disclosed without consent in or affecting interstate commerce or using interstate facilities, when the defendant knows or recklessly disregards lack of consent. Consent to creating the depiction does not equal consent to disclose it; valid consent to disclosure must be in plain-language written form with a general description. Plaintiffs can recover the defendant's monetary gain, actual damages including emotional distress or $150,000 liquidated damages, punitive damages, fees, costs, and injunctions, including confidentiality through pseudonym. Guardians, estate representatives, family members, or court-appointed people can sue for minors, incapacitated, incompetent, or deceased individuals. Exceptions cover good-faith law-enforcement reporting, legal proceedings, legitimate public concern, and assistance to the depicted person. The bill also creates a title 18 crime for disclosing or threatening to disclose intimate digital depictions with harmful intent or reckless disregard, punishable by up to 2 years, or up to 10 years when the material could affect a government proceeding, election, foreign relations, or facilitate violence. Disclaimers are not a defense, and interactive computer services are protected for good-faith restriction tools and actions.

Who Benefits and How

Victims of nonconsensual intimate deepfakes benefit from federal civil damages, injunctions, anonymity protection, and removal-focused relief. Minors and incapacitated or deceased depicted individuals benefit because representatives can bring claims on their behalf. Prosecutors benefit from a federal criminal offense covering malicious disclosure or threats to disclose intimate digital depictions. Online platforms benefit from liability protection for good-faith restriction tools and content moderation against intimate digital depictions.

Who Bears the Burden and How

People who disclose or threaten intimate deepfakes face civil liability, punitive damages, attorney fees, and federal prison exposure. Federal courts must manage civil suits, pseudonymous proceedings, injunctions, and criminal prosecutions. Interactive computer service providers must distinguish protected moderation from direct content-provider liability. Journalists and public-interest speakers must evaluate the bill's public-concern exception before disclosing intimate digital depictions.

Key Provisions

• Creates a VAWA civil action for nonconsensual disclosure of intimate digital depictions and digitally manipulated realistic images.
• Provides damages, $150,000 liquidated damages, punitive damages, fees, costs, injunctions, and pseudonymous confidentiality.
• Creates a federal criminal offense for malicious or reckless disclosure or threats, with enhanced 10-year penalties for proceedings, elections, foreign relations, or violence.
• Preserves law-enforcement, legal-proceeding, public-interest, assistance, and platform good-faith moderation protections.