DEFIANCE Act
Disrupt Explicit Forged Images and Non-Consensual Edits Act of 2025
Creates federal civil remedy for victims of nonconsensual AI-generated intimate imagery (deepfake porn). Allows victims to sue creators, distributors, solicitors, and possessors with intent to distribute.
Jurisdiction
United States
US
Enacted
Unknown
Effective
Unknown
Enforcement
Federal courts (civil remedy)
Passed Senate unanimously Jan 13, 2026 (second passage; first passed 2024 but stalled in House). Awaiting House vote.
Harms Addressed
Who Must Comply
This law applies to:
- • Creators of AI-generated intimate imagery without consent
- • Distributors and publishers of nonconsensual deepfakes
- • Those who solicit or commission nonconsensual intimate deepfakes
- • Anyone possessing such content with intent to distribute
Capability triggers:
Who bears obligations:
Safety Provisions
- • Civil liability for anyone who knowingly produces, distributes, solicits, or possesses with intent to distribute nonconsensual intimate digital forgeries
- • Victims can seek damages up to $150,000 per violation plus attorney fees
- • 10-year statute of limitations, tolled until victim learns of violation or turns 18 (whichever is later)
- • Applies to 'digital forgeries' created through AI/ML/software that are indistinguishable from authentic visual depictions
Enforcement
Enforced by
Federal courts (civil remedy)
Penalties
$150K/violation
Up to $150,000 per violation plus attorney fees and costs
Private Right of Action
Individuals can sue directly without waiting for regulatory action. This significantly increases liability exposure.
Quick Facts
- Binding
- No
- Mental Health Focus
- No
- Child Safety Focus
- Yes
- Algorithmic Scope
- No
- Private Action
- Yes
Why It Matters
First federal civil remedy for AI-generated nonconsensual intimate imagery. Creates liability for chatbot developers whose systems can generate images, and platforms that allow sharing of such content. 'Solicitation' provision means asking a chatbot to create such content could be actionable.
Recent Developments
Senate passed Jan 13, 2026 following Grok deepfake controversy that generated momentum for the bill. House prospects uncertain - failed to pass in previous session.
Cite This
APA
United States. (n.d.). Disrupt Explicit Forged Images and Non-Consensual Edits Act of 2025. Retrieved from https://nope.net/regs/us-federal-defiance
BibTeX
@misc{us_federal_defiance,
title = {Disrupt Explicit Forged Images and Non-Consensual Edits Act of 2025},
author = {United States},
year = {n.d.},
url = {https://nope.net/regs/us-federal-defiance}
} Related Regulations
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