DEFIANCE Act (deepfake-porn civil suits)
DEFIANCE Act (civil remedy for sexually explicit deepfakes) — NOT YET LAW
United States · S. 1837, 119th Cong. (DEFIANCE Act)
- Status
- Proposed / pending
- Applies to
- Creators, possessors with intent to distribute, and distributors of such digital forgeries (if enacted)
- Enforced by
- Federal courts via private civil suits (no agency enforcer)
This bill would let victims of sexually explicit AI deepfakes sue the people who create or share them, with damages starting around $150,000. The Senate passed it unanimously on January 13, 2026 — the second time it has done so — but as of June 2026 it is still awaiting action in the House and is not yet law.
Who is protected: Identifiable individuals depicted in nonconsensual sexually explicit deepfakes (if enacted)
Legal detail
S. 1837 (119th Cong.) would create a federal civil cause of action against persons who knowingly produce, possess with intent to distribute, or distribute nonconsensual sexually explicit 'digital forgeries,' with liquidated damages; Senate vote Jan. 13, 2026 (unanimous consent), pending House action.
Key facts
| Jurisdiction | United States |
|---|---|
| Level | Federal |
| Citation | S. 1837, 119th Cong. (DEFIANCE Act) |
| Private right of action | Yes, individuals can sue |
| Penalties | Proposed liquidated damages of at least $150,000, up to $250,000 in certain cases, plus costs and fees |
| Topics | deepfakes · non-consensual intimate imagery · AI-generated images · consumer data privacy |
| Bill text | Senate passes bill targeting nonconsensual deepfake images — Roll Call |
More AI rules in United States
- Trump AI Innovation & Security EO (June 2026) · In effect
- FERC order directing PJM and other grid operators to reform tariffs on… · Enacted (not yet in effect)
- Chatrie v. United States (Fourth Amendment protection for location… · Blocked / in litigation
- Kids Internet and Digital Safety Act (KIDS Act) (H.R. 7757) · Proposed / pending
- NAIC AI Evaluation Tool Pilot (12 states, 2026) · Proposed / pending
- FTC Proposed Policy Statement — AI Accuracy (July 2026) · Proposed / pending
Related deepfakes rules elsewhere
- Arkansas Frank Broyles Act AI amendment — voice and likeness protection (2025) · In effect
- Arizona HB 2133 deepfake sexual content — vetoed 2026 · Vetoed
- Arizona HB 2678 — AI-generated CSAM criminalized · In effect
- MN HF 1606 AI Nudification Ban (2026) · In effect
- xAI v. Ellison (MN nudification ban challenge) · Blocked / in litigation
- NY AG · In effect
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