- Federal agenciesCreates a clear federal remedy for victims of nonconsensual sexually intimate deepfakes.
- Targeted stakeholdersProvides statutory liquidated damages and attorneys’ fee recovery to improve victim compensation.
- Targeted stakeholdersAuthorizes injunctions compelling deletion and protective orders to safeguard victim privacy.
DEFIANCE Act of 2025
Referred to the House Committee on the Judiciary.
The bill amends Section 1309 of the Consolidated Appropriations Act, 2022 to add and define “intimate digital forgery” (sexual deepfakes) and to expand civil remedies for victims.
It creates federal causes of action for disclosure, production, possession with intent to disclose, and solicitation or receipt of intimate digital forgeries, allows injunctive relief (including deletion orders), and sets liquidated-damages floors ($150,000 or $250,000 in aggravated cases) or actual damages.
The measure includes privacy protections for plaintiffs, a 10-year statute of limitations from discovery or majority, and preserves State, Tribal, and other federal laws without preemption.
Substantive victim-protection aims aid support, but private remedy design, liability breadth, and First Amendment/Section 230 interactions raise legal and political obstacles.
Relative to its intended legislative type, this bill is a substantive statutory amendment that clearly defines a targeted problem and establishes a new/expanded federal private right of action with specific definitions, standards, remedies, and privacy protections; it integrates directly with existing statutory provisions and includes non-preemption and severability provisions.
Privacy/victim relief versus concerns about free speech and overbreadth
Who stands to gain, and who may push back.
- Targeted stakeholdersCould raise compliance and content-moderation costs for online platforms and hosting providers.
- Targeted stakeholdersMay trigger increased litigation and defense costs due to defined liquidated-damage remedies.
- Targeted stakeholdersThe "indistinguishable to a reasonable person" test may produce inconsistent judicial interpretations.
Why the argument around this bill splits.
Privacy/victim relief versus concerns about free speech and overbreadth
Likely strongly supportive: the bill addresses nonconsensual sexualized deepfakes, expands civil relief, and prioritizes victims’ privacy.
Supporters will emphasize strong redress, meaningful damages, and injunctive powers to stop circulation and reduce harm.
Generally favorable but pragmatic: supports victim protection while worrying about legal clarity and unintended consequences.
Will seek clearer mens rea, procedural safeguards, and manageable impacts on platforms and courts.
Skeptical to opposed: values victim protection but worries about federal overreach, speech impacts, and large damages.
Concerned about vagueness, platform burdens, and potential chilling effects on benign speech or research.
The path through Congress.
Reached or meaningfully advanced
Reached or meaningfully advanced
Still ahead
Still ahead
Still ahead
Substantive victim-protection aims aid support, but private remedy design, liability breadth, and First Amendment/Section 230 interactions raise legal and political obstacles.
- How courts would treat interplay with Section 230 immunity
- Constitutional free-speech challenges to broad definitions
Recent votes on the bill.
No vote history yet
The bill has not accumulated any surfaced votes yet.
Go deeper than the headline read.
Privacy/victim relief versus concerns about free speech and overbreadth
Substantive victim-protection aims aid support, but private remedy design, liability breadth, and First Amendment/Section 230 interactions…
Relative to its intended legislative type, this bill is a substantive statutory amendment that clearly defines a targeted problem and establishes a new/expanded federal private right of action with specific definitions,…
Go beyond the headline summary with full stakeholder mapping, legislative design analysis, passage barriers, and lens-by-lens tradeoff breakdowns.