DEFIANCE Act (civil remedy for sexually explicit deepfakes) — NOT YET LAW
United States · S. 1837, 119th Cong. (DEFIANCE Act)
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.
Technical 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.
Who is protected: Identifiable individuals depicted in nonconsensual sexually explicit deepfakes (if enacted)
Who must comply: Creators, possessors with intent to distribute, and distributors of such digital forgeries (if enacted)
Key facts
| Jurisdiction | United States |
|---|---|
| Level | Federal |
| Status | Proposed / pending |
| Protection strength | Proposed or pending |
| Citation | S. 1837, 119th Cong. (DEFIANCE Act) |
| Enforced by | Federal courts via private civil suits (no agency enforcer) |
| 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 |
| Last verified | 2026-07-01 |
| Official source | Senate passes bill targeting nonconsensual deepfake images — Roll Call ↗ |
More AI rules in United States
- FTC Act Section 5 (unfair/deceptive AI) · In effect
- TAKE IT DOWN Act · In effect
- FCRA (AI in credit & background checks) · In effect
- ECOA / Regulation B (AI credit discrimination) · In effect
- Title VII / ADA (AI hiring) · In effect
- COPPA + 2025 Rule (childrens data) · In effect
Related deepfakes rules elsewhere
- SB 942 (AI Transparency Act) · Enacted (not yet in effect)
- AB 2839 (Election Deepfakes) · Blocked / in litigation
- AB 602 (Deepfake Intimate Images) · In effect
- ELVIS Act · In effect
- HB 919 (AI Political Ad Disclaimers) · In effect
- SB 5152 (Election Synthetic Media) · In effect
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