Senate-Passed Bill Outlawing AI-Generated Explicit Deepfakes Moves To House
The U.S. Senate on Thursday unanimously approved the Disrupt Explicit Forged Images and Non-Consensual Edits Act, or DEFIANCE Act, a bipartisan effort to strengthen legal protections for individuals targeted by nonconsensual deepfake imagery. The bill now proceeds to the House of Representatives for consideration.
The measure would allow individuals depicted in sexually explicit deepfake images or videos — digital fabrications created without their consent — to pursue civil damages of at least $150,000 per violation against persons responsible for creating or sharing such content.
Legislators who supported the bill said existing legal frameworks are insufficient to address the growing prevalence of deepfake technology and the unique harms it causes. They noted the legislation builds on earlier federal and state laws aimed at curbing nonconsensual intimate imagery, but expands the scope and clarity of remedies available under federal civil law.
Deepfake content — synthetic media produced using artificial intelligence and machine learning — has surged in recent years, raising concerns in Washington about privacy, harassment, fraud, and national security. Lawmakers from both parties have pushed a series of proposals in recent sessions to update laws governing digital impersonation and nonconsensual imagery.
Earlier legislative efforts focused on criminal penalties for creating or distributing explicit deepfakes of public officials or election candidates, or unauthorized alterations of videos used in political context. Other bills aimed to enhance law enforcement’s ability to investigate and prosecute deepfake-related fraud and identity theft.
