What is the DEFIANCE Act?
The Disrupt Explicit Forged Images And Non-Consensual Edits Act, or DEFIANCE Act, is a civil bill. It does not create a crime. It amends an existing federal civil remedy, section 1309 of the Consolidated Appropriations Act, 2022 (15 U.S.C. § 6851), which already lets a person sue over the nonconsensual disclosure of real intimate images. The bill extends that claim to "intimate digital forgeries" and increases what a plaintiff can recover. The text is in the version passed by the Senate.
An intimate digital forgery is an intimate visual depiction of an identifiable person created with software, machine learning, artificial intelligence or other technological means that looks authentic. The bill's text provides that a label or disclosure saying the image is fake does not take it outside the definition. That choice matters for AI-generated imagery, where creators sometimes argue that a "fake" tag removes the harm.
The Senate bill has been introduced in substantially the same form before. A version passed the Senate by unanimous consent in the previous Congress but stalled in the House, as The Washington Times reported when the current bill passed.
Who could sue and for what
The plaintiff is the "identifiable individual" depicted, or a legal guardian if that person is a minor, incapacitated or deceased. Under the Senate-passed text, the person could sue anyone who, without consent:
- knowingly discloses an intimate digital forgery of them;
- knowingly produces or possesses one with intent to disclose it; or
- knowingly solicits and receives one;
where the defendant knew or recklessly disregarded the lack of consent. A separate claim reaches anyone who knowingly produces a forgery without consent, knowing or recklessly disregarding that the person was or was likely to be harmed by its creation, even if it is never shared.
Damages and other relief
A plaintiff could choose liquidated damages of $150,000, rising to $250,000 where the conduct was committed in relation to actual or attempted sexual assault, stalking or harassment by the defendant, or directly caused such conduct by anyone. The alternative is actual damages, which would include the defendant's profits from the conduct. Courts could also award punitive damages, litigation costs and attorney fees, and order the defendant to delete or stop displaying the image. To protect privacy, the court could let the plaintiff proceed under a pseudonym, order redactions or filing under seal, and keep the images in court custody.
The statute of limitations would be 10 years, running from the later of when the person reasonably discovers the violation or turns 18. The bill would not preempt state laws that are at least as protective of victims, and it states that it does not expand or limit intellectual property law.
The DEFIANCE Act in the Senate
Sen. Dick Durbin, the ranking member of the Judiciary Committee, introduced S. 1837 on May 21, 2025. Its original cosponsors were Sens. Lindsey Graham, Amy Klobuchar, Angus King, Mike Lee, Martin Heinrich, Peter Welch, Chuck Schumer and Josh Hawley, according to Congress.gov.
On January 13, 2026, the Senate discharged the Judiciary Committee and passed the bill without amendment by unanimous consent, as the Congress.gov action history records. Unanimous consent means no senator objected; there was no roll call. The bill was sent to the House the same day.
The DEFIANCE Act in the House
The House has not acted. When the Senate bill arrived on January 13, 2026, it was "held at the desk," a procedural status that keeps it available for floor consideration without committee referral. As of November 9, 2026, no further House action on S. 1837 is recorded on Congress.gov.
The House companion, H.R. 3562, was introduced by Rep. Alexandria Ocasio-Cortez on May 21, 2025, the same day as the Senate bill, and is listed on Congress.gov as identical to it. It was referred to the House Judiciary Committee and has seen no action since; Congress.gov lists 69 cosponsors. Some coverage has attributed the House bill to a different member or a 2026 introduction date; the Congress.gov record shows Rep. Ocasio-Cortez and May 21, 2025.
To become law, the House would need to pass S. 1837 as is, which would send it to the President, or pass a different version that the Senate would then have to accept.
What the bill leaves open
The DEFIANCE Act is aimed at people, not services. Every claim in the Senate-passed text requires that the defendant act "knowingly," and liability turns on whether the defendant knew of, or recklessly disregarded, the lack of consent (and, for the production-only claim, the likelihood of harm). The bill imposes no takedown duty on platforms and says nothing specific about the companies that build image-generation tools. Whether a tool provider could ever be the "person" who knowingly produced a forgery is a question the text does not answer, and no court has addressed it because the bill is not law.
Two other limits are written in. The bill bars double recovery against a defendant already subject to a judgment under 18 U.S.C. § 2255 for the same conduct and image, and it preserves state and tribal laws that protect victims at least as well. Plaintiffs would still have to identify and serve the person responsible, which can be difficult when the poster is anonymous; the bill's privacy protections cover the plaintiff's own identity and filings, not finding the defendant.
How it fits with the TAKE IT DOWN Act
The two laws work on different tracks. The TAKE IT DOWN Act, enacted as Public Law 119-12 in May 2025, makes publishing nonconsensual intimate images, including digital forgeries, a federal crime prosecuted by the Justice Department, and it requires platforms to remove reported images within 48 hours under FTC enforcement. It gives the victim no new right to sue the person who made or posted the image.
The DEFIANCE Act would fill that gap with a private lawsuit against the individuals responsible. It would also reach conduct the criminal statute does not, such as producing or possessing a forgery with intent to disclose it, and soliciting one. A victim could, in principle, use all three at once: a takedown request to the platform, a criminal referral, and a civil suit for damages. Until the House acts, the civil claim for deepfakes exists only under state laws, where available.
Victims of sexually explicit deepfakes cannot yet sue under the DEFIANCE Act, because it is not law. The Senate passed it by unanimous consent on January 13, 2026, but it has been held at the House desk since then, and the House version has not left committee. If enacted, it would allow federal suits for $150,000 in liquidated damages, or $250,000 when tied to sexual assault, stalking or harassment.
What changed
- 2026-01-13: Senate passes S. 1837 by unanimous consent; bill received in the House and held at the desk.
- 2025-05-21: Sen. Durbin introduces S. 1837; Rep. Ocasio-Cortez introduces identical H.R. 3562, referred to House Judiciary.
Frequently asked questions
What is the DEFIANCE Act?
It is a federal bill that would let people depicted in sexually explicit deepfakes sue those who knowingly make, share, solicit or hold them for distribution without consent. Victims could recover $150,000 in liquidated damages, or $250,000 in aggravated cases, or actual damages, plus punitive damages and court orders to delete the images.
Has the DEFIANCE Act passed?
It has passed the Senate, by unanimous consent on January 13, 2026, but not the House. As of November 9, 2026, the Senate bill is held at the House desk and the House version, H.R. 3562, has not moved out of the Judiciary Committee. It is not law.
Can I sue someone for a deepfake under federal law today?
Not under a deepfake-specific federal claim. Existing federal law, 15 U.S.C. 6851, allows suits over the nonconsensual disclosure of real intimate images; the DEFIANCE Act would extend it to forgeries. Many states have their own civil or criminal deepfake laws, so state law may offer a claim now.
How is the DEFIANCE Act different from the TAKE IT DOWN Act?
The TAKE IT DOWN Act is in force and is criminal and regulatory: prosecutors charge publishers, and the FTC makes platforms remove images within 48 hours. The DEFIANCE Act is a pending civil bill: it would let victims sue individuals directly for money damages.
Sources
- Congress.gov: S. 1837, DEFIANCE Act of 2025, all actions
- Congress.gov: H.R. 3562, DEFIANCE Act of 2025
- S. 1837, engrossed in Senate (GovInfo)
- Public Law 119-12, TAKE IT DOWN Act (Congress.gov)
- The Washington Times: Senate unanimously passes bill to allow deepfake victims to sue (January 13, 2026)
This page is journalism and commentary, not legal advice. AI law changes quickly; check the primary sources above and consult qualified counsel for your situation.