DEFIANCE Act of 2025
DEFIANCE Act of 2025 (Disrupt Explicit Forged Images And Non-Consensual Edits Act) would create a new federal civil cause of action for people who are harmed by non-consensual intimate visual depictions and intimate digital forgeries (deepfakes). It defines what counts as an intimate digital forgery, who is an “identifiable individual,” and when a victim can sue. The bill allows victims to seek damages, costs, and, in some cases, punitive and equitable relief (such as injunctions to delete or cease displaying the material). It also provides privacy protections for plaintiffs, lays out a 10-year statute of limitations, and ensures that federal action does not erase state or tribal laws—states could still enact or enforce stronger protections. In short, the bill aims to give victims a clear federal path to recover money and stop ongoing harm from non-consensual, sexually explicit digital content.
Key Points
- 1Creates a federal civil action for identifiable individuals whose intimate visual depictions are disclosed without consent or who are depicted in intimate digital forgeries, including scenarios where the forgery is created or distributed with intent to disclose.
- 2Defines “identifiable individual” and “intimate digital forgery” to cover images or videos that falsely depict a person or their conduct, are created or manipulated with digital tools, and appear authentic to a reasonable observer, regardless of labeling.
- 3Provides damages and relief, including liquidated damages (either $150,000 or $250,000 under certain conditions), actual damages (including profits tied to the conduct), and costs such as attorney fees; permits punitive and injunctive relief (e.g., orders to delete, destroy, or stop displaying the material).
- 4Allows privacy protections in court (pseudonyms, sealed filings, protective orders) and sets a 10-year statute of limitations from discovery or from the victim turning 18; prohibits duplicative recovery if there is a federal criminal judgment for the same conduct.
- 5Preserves and respects state and tribal laws: this federal act does not preempt state/tribal law and states may enact or enforce similar or stronger protections.