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Bipartisan DEFIANCE Act Reintroduced to Empower Deepfake Victims

The legislation would amend the Violence Against Women Act to allow survivors of nonconsensual AI-generated intimate imagery to pursue civil lawsuits, complementing the recently enacted Take It Down Act's criminal provisions.

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Overview

  • The DEFIANCE Act, reintroduced on May 21, 2025, seeks to provide survivors of nonconsensual deepfake pornography with the legal right to file civil lawsuits against creators, distributors, or possessors of such content.
  • The bipartisan bill is co-led by Rep. Alexandria Ocasio-Cortez, Rep. Laurel Lee, Sen. Dick Durbin, and Sen. Lindsey Graham and currently has nine co-sponsors in Congress.
  • The legislation would amend the Violence Against Women Act, addressing gaps in existing laws by offering civil recourse alongside criminal penalties established under the recently signed Take It Down Act.
  • President Donald Trump signed the Take It Down Act into law on May 19, 2025, criminalizing the publication of nonconsensual authentic and AI-generated sexually explicit imagery.
  • Advocates and lawmakers collaborated with survivor organizations during the drafting process, emphasizing the importance of providing victims with multiple pathways to justice, including civil remedies.