DEFIANCE Act of 2025
Summary
What This Bill Does
The DEFIANCE Act of 2025 creates a federal civil remedy for people whose identifiable image is used in a nonconsensual sexually intimate digital forgery, commonly described as a deepfake. It amends the existing federal civil action for disclosure of intimate images so it also covers digital forgeries that realistically depict sexual conduct or intimate parts without the person's consent.
Victims may sue in federal court for actual damages, liquidated damages of $150,000, or $250,000 when the conduct is tied to sexual assault, stalking, or harassment, plus punitive damages, injunctive relief, litigation costs, and attorney fees. The bill also allows pseudonymous filings, sealing, protective orders, and a 10-year limitations period with special tolling rules for minors.
Who Benefits and How
Victims of nonconsensual intimate deepfakes benefit from a direct federal cause of action, larger statutory damages, privacy-protective court procedures, and a longer window to sue. Women and girls targeted by deepfake pornography, privacy advocates, civil-rights organizations, and plaintiff attorneys benefit from clearer federal tools to deter and remedy digital sexual abuse.
Who Bears the Burden and How
Creators, distributors, possessors with intent to disclose, and solicitors of nonconsensual intimate digital forgeries face substantial civil liability. Online platforms and deepfake app operators face higher litigation and compliance risk when they knowingly disclose or facilitate covered content. Federal courts must handle sealed or pseudonymous proceedings and damages claims under the expanded cause of action.
Key Provisions
- Defines intimate digital forgery and identifiable individual for the expanded federal civil action.
- Extends the existing intimate-image civil remedy to nonconsensual digital forgeries.
- Authorizes actual damages, liquidated damages, punitive damages, injunctive relief, attorney fees, and litigation costs.
- Sets liquidated damages at $150,000, or $250,000 for cases involving sexual assault, stalking, or harassment.
- Allows plaintiffs to proceed pseudonymously and seek sealing or protective orders.
- Establishes a 10-year limitations period with tolling protections for minors.
Evidence Chain:
This summary is generated from the full bill text using AI analysis. Expand "Detailed Analysis" below for identified beneficiaries/burden bearers with clause-level evidence links.
At a Glance
What This Bill Does
Expands the federal civil action for disclosure of intimate images to cover nonconsensual sexually intimate digital forgeries and gives victims damages, injunctions, privacy protections, and a 10-year limitations period.
Key Policy Areas
Civil Rights, Technology, Justice
Primary Purpose
Expands the federal civil action for disclosure of intimate images to cover nonconsensual sexually intimate digital forgeries and gives victims damages, injunctions, privacy protections, and a 10-year limitations period.
Policy Domains
Whole bill
Identified Gains
- Victims of nonconsensual intimate deepfakes
- Women and girls targeted by deepfake pornography
- Privacy advocates
- Civil-rights organizations
- Plaintiff attorneys
Identified Costs
- Deepfake creators
- Deepfake distributors
- Online platforms hosting covered content
- Deepfake app operators
- Federal courts
Sponsors
Legislative Progress
Passed SenateHeld at the desk.
Received in the House.
Message on Senate action sent to the House.
Message on Senate action sent to the House.
Passed Senate without amendment by Unanimous Consent. (consideration: CR S143-147; …
Passed/agreed to in Senate: Passed Senate without amendment by Unanimous …
Introduced in Senate
Read twice and referred to the Committee on the Judiciary. …
Mr. Durbin (for himself, Mr. Graham, Ms. Klobuchar, Mr. King, …
Stakeholder Effects
cui bono?How this legislation distributes effects. Mention counts reflect frequency, not effect magnitude.
AI and deepfake technology companies, Creators and distributors of non-consensual intimate deepfakes, Deepfake technology developers and app makers
Victims of non-consensual intimate deepfakes
Bill Structure & Actor Mappings
Who is "The Secretary" in each section?
We use a combination of our own taxonomy and classification in addition to large language models to assess meaning and potential beneficiaries. High confidence means strong textual evidence. Always verify with the original bill text.
Learn more about our methodology