Washington Push Grows for the DEFIANCE Act Against AI Deepfakes
Lawmakers and a bipartisan coalition are intensifying efforts to advance the DEFIANCE Act, a measure recently approved by the Senate aimed at providing legal recourse for victims of AI-generated explicit deepfakes. This legislative push has garnered support from survivors, advocates, and high-profile celebrities, including Paris Hilton, who have united with members of Congress to demand a swift vote on this critical issue.
Background of the DEFIANCE Act
The DEFIANCE Act, which stands for Disrupt Explicit Forged Images and Non-Consensual Edits, received unanimous consent in the Senate on January 13, 2026. This unanimous support signifies a strong desire within Congress to combat the misuse of AI technologies that facilitate the creation and distribution of non-consensual explicit content. Senator Dick Durbin emphasized the urgency of the legislation, framing it as essential for empowering victims of non-consensual deepfakes.
Key Provisions of the DEFIANCE Act
The act introduces a federal civil cause of action, allowing identifiable individuals depicted in AI-generated intimate images or videos to sue those who knowingly produce, distribute, or possess such content with intent to distribute. This legal framework expands existing remedies, offering:
- Injunctive relief
- Profit recovery
- A 10-year statute of limitations that is tolled until the victim’s 18th birthday or discovery of the violation
Advocacy and Support
Supporters of the DEFIANCE Act argue that civil remedies are crucial in the wake of the TAKE IT DOWN Act, which focuses on platform accountability. In late January, advocates returned to Capitol Hill with a coalition of lawmakers and survivors, pushing for Speaker Johnson to bring the bill to a vote. Hilton described the sharing of non-consensual intimate images as “abuse,” emphasizing the need for urgent legal measures.
Relation to Existing Laws
The DEFIANCE Act complements the TAKE IT DOWN Act, which was signed into law on May 19, 2025, and aims to regulate how intimate images are hosted and shared. By focusing on individual accountability, the DEFIANCE Act addresses a crucial element missing in previous legislation.
Next Steps for the DEFIANCE Act
For the DEFIANCE Act to become law, it must be passed by the House and signed by the President. Advocates are actively pressing House leaders to schedule a vote. If successful, the act would provide survivors with a federal mechanism to seek damages, injunctions, and profit recovery concerning abusive images. Until then, advocacy efforts will continue to escalate, highlighting the need for timely legislative action as lawmakers and tech companies strive to address the evolving challenges posed by AI.
