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
Enacted
Pending
Effective
TBD
Enforcement
Federal courts (civil remedy)
Passed Senate unanimously Jan 13, 2026 (second passage; first passed 2024 but stalled in House). Awaiting House vote.
S.1837 - 119th CongressWhy 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.
At a Glance
Applies to
Harms addressed
Requires
Who Must Comply
- 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
Obligations fall on:
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
Compliance & Enforcement
Penalties
$150K/violation
Private Right of Action
Individuals can sue directly without waiting for regulatory action.
View on map
United States
Focus Areas
Cite This
APA
United States. (n.d.). Disrupt Explicit Forged Images and Non-Consensual Edits Act of 2025.
Related Regulations
TAKE IT DOWN Act
First federal law addressing AI-generated intimate imagery. Criminalizes publication of nonconsensual intimate imagery (NCII) including AI "digital forgeries." Creates 48-hour takedown obligation for platforms.
NO FAKES Act
Creates federal intellectual property protection for individuals' voice and visual likeness against unauthorized AI-generated digital replicas. Holds companies liable for producing, hosting, or sharing non-consensual digital replicas.
Singapore OSRA
Creates a dedicated Online Safety Commission (OSC) with powers to order takedowns and disable access, establishes statutory torts providing victims of online harms with direct civil remedies against platforms and perpetrators.
CA AB 1394 / AB 1946
California statute requiring social media platforms to provide a mechanism for California users to report child sexual abuse material, to block reported material and notify the reporting user within fixed timeframes, and prohibiting platforms from knowingly facilitating, aiding or abetting the commercial sexual exploitation of minors. AB 1946, effective January 1, 2027, widens the definition of child sexual abuse material to intimate visual depictions of identifiable minors including digital forgeries created with artificial intelligence, opens reporting to any user rather than only the depicted minor, requires review by a natural person where no known hash match exists, shortens the response clock to 48 hours for blocking and 7 days for a final determination, and adds civil penalties recoverable by public prosecutors.
EU Digital Omnibus (AI)
Amendments to the EU AI Act (Regulation (EU) 2026/1744, in force July 27, 2026) that delay high-risk AI system obligations by up to 16 months, make compliance timing conditional on availability of harmonised standards and support tools, and add a new Article 5 prohibition on AI systems for generating non-consensual intimate imagery (nudification tools) and CSAM.
AR HB 1071
Amends Arkansas publicity rights law to explicitly include AI-generated reproductions of voice and likeness. Covers simulated voices and 3D generation.
Last updated February 17, 2026. Verify against primary sources before relying on this information.