DEFIANCE Act of 2025

This bill, known as the DEFIANCE Act of 2025, creates a new federal civil cause of action to provide relief for individuals affected by non-consensual intimate digital forgeries and the disclosure of intimate visual depictions. It addresses the growing problem of deepfakes and other AI-generated content that falsely portrays individuals in sexually intimate situations. The legislation aims to empower victims who currently face significant challenges in seeking redress for these harms. A key provision of the bill is the explicit definition of an "intimate digital forgery." This refers to any intimate visual depiction of an identifiable individual that falsely represents the individual or the intimate conduct, is created using artificial intelligence or similar technology, and appears indistinguishable from an authentic depiction to a reasonable person. Crucially, the bill specifies that labels, disclosures, or context indicating the visual depiction is not authentic do not negate its classification as an intimate digital forgery. The bill allows an identifiable individual to bring a civil action against anyone who knowingly produced, possessed with intent to disclose, disclosed, or solicited an intimate digital forgery without their consent. It also covers the non-consensual disclosure of intimate visual depictions. This expands the scope of accountability for those involved in creating and disseminating such harmful content. Victims can seek substantial relief, including liquidated damages of $150,000 , or $250,000 if the conduct is linked to sexual assault, stalking, or harassment. Additionally, courts can award actual damages, punitive damages, and equitable relief such as temporary restraining orders or permanent injunctions to compel the deletion or destruction of the content. The bill also includes provisions to protect victim privacy during litigation, allowing for pseudonyms and the sealing of personal information.