DEFIANCE Act of 2025

This bill aims to establish and improve civil rights to relief for individuals affected by non-consensual intimate digital forgeries , commonly known as deepfakes. It defines an "intimate digital forgery" as a synthetic visual depiction of an identifiable individual that falsely represents sexually intimate conduct, created using technology like AI, and is indistinguishable from an authentic depiction. The legislation recognizes the profound harms caused to victims, including privacy violations, loss of control over likeness, and severe psychological distress, regardless of whether the forgery is labeled as fake. The bill amends the Consolidated Appropriations Act, 2022, to allow an identifiable individual to bring a civil action against any person who knowingly produced, possessed with intent to disclose, disclosed, or solicited and received an intimate digital forgery without the individual's consent. Victims can recover liquidated damages of $150,000, or $250,000 if the conduct involved sexual assault, stalking, or harassment, along with actual damages, punitive damages, and attorney fees. Courts may also issue equitable relief, such as injunctions to remove the content, and include provisions to protect the plaintiff's privacy, like using a pseudonym or sealing documents. Actions must be filed within 10 years of discovery or the victim turning 18, and the bill does not preempt more protective state or tribal laws.