DEFIANCE Act of 2025
Latest Action
Held at the desk.
Official Summary
Disrupt Explicit Forged Images And Non-Consensual Edits Act of 2025 or the DEFIANCE Act of 2025 This bill expands civil remedies for the nonconsensual disclosure of intimate images (i.e., nonconsensual pornography). The bill also establishes a new federal civil action for nonconsensual conduct involving intimate digital forgeries (i.e., deepfakes). The term intimate digital forgery means any intimate visual depiction of an identifiable individual created using software, machine learning, artificial intelligence, or other computer-generated or technological means that looks authentic. With respect to the nonconsensual disclosure of intimate images, current law allows an identifiable individual to recover civil remedies, including litigation costs, damages, and injunctive relief. This bill increases the available damages by allowing the individual to recover punitive damages and by including, as part of actual damages, profits of the defendant that are attributable to the conduct at issue. The bill also allows an identifiable individual who is the subject of an intimate digital forgery to file a federal civil action against anyone who knowingly discloses, produces or possesses with intent to disclose, or solicits and receives the intimate digital forgery without the individual's consent. Under the bill, the identifiable individual may recover the same expanded civil remedies that are available for the nonconsensual disclosure of intimate images. Finally, the bill establishes a 10-year statute of limitations for filing civil actions involving nonconsensual intimate digital forgeries or nonconsensual disclosure of intimate images. The statute begins to run when the individual discovers the violation or turns 18, whichever is later.
GovScope Watchdog™
AI Government Intelligence™The DEFIANCE Act of 2025 proposes to expand civil legal remedies for individuals harmed by the nonconsensual disclosure of intimate images and introduces a new federal civil cause of action for nonconsensual intimate digital forgeries, commonly known as deepfakes. It defines intimate digital forgery as any computer-generated intimate visual depiction of an identifiable individual that appears authentic. The bill enhances existing remedies by allowing punitive damages and the recovery of defendant profits linked to the violation. It also sets a 10-year statute of limitations for filing civil actions, beginning when the victim discovers the violation or reaches age 18, whichever is later.
This bill seeks to strengthen legal protections and remedies for victims of nonconsensual intimate image disclosures and deepfake content by expanding damages and establishing a federal civil cause of action with a defined statute of limitations.
- Expands civil remedies for nonconsensual disclosure of intimate images to include punitive damages and defendant profits.
- Creates a new federal civil action against those who knowingly disclose, produce, possess with intent to disclose, or solicit intimate digital forgeries without consent.
- Defines intimate digital forgery as computer-generated intimate visual depictions that appear authentic and involve identifiable individuals.
- Establishes a 10-year statute of limitations for civil actions related to nonconsensual intimate images and digital forgeries, starting from discovery or age 18.
- Allows recovery of litigation costs, damages, and injunctive relief for affected individuals.
['Individuals who are victims of nonconsensual disclosure of intimate images or intimate digital forgeries (deepfakes)', 'Civil courts handling related cases', 'Legal practitioners representing victims in such cases']
['Implementation challenges in identifying and proving the use of artificial intelligence or software in creating intimate digital forgeries.', 'Potential increased litigation costs and burden on courts due to expanded remedies and new federal civil actions.', 'Enforcement complexities related to proving knowledge and intent in possession or disclosure of intimate digital forgeries.', 'No information provided on funding or resources to support enforcement or victim assistance.']
The bill was introduced in the Senate during the 119th Congress and is currently in process, with the latest action being 'Held at the desk' as of January 13, 2026. It addresses emerging issues in crime and law enforcement related to technology-facilitated harms, reflecting legislative efforts to update civil remedies in response to advances in artificial intelligence and digital media.
High concern review — 3 hidden impact flags detected
GovScope reviewed 3 policy-risk categories. Hover for a quick definition. Click detected flags for bill-specific details.
['Potential increase in civil litigation related to digital privacy and image-based harms.', 'Possible deterrent effect on the creation and distribution of nonconsensual intimate digital forgeries due to expanded legal consequences.', 'Increased demand for technological expertise in courts to assess authenticity and creation methods of digital forgeries.', 'Potential need for additional resources for courts and legal systems to handle new types of civil actions.']
The bill text is not provided, limiting detailed analysis of specific provisions or enforcement mechanisms. The summary indicates expanded civil remedies and new federal causes of action but does not specify funding, administrative responsibilities, or oversight structures. Monitoring implementation and enforcement will be important to assess effectiveness and resource needs. The statute of limitations provision includes a discovery rule and age threshold, which may affect timing and access to justice for victims.
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