Senate Passes Bill Allowing Lawsuits Against Deepfake Pornography

The Senate unanimously passed legislation on Tuesday that would establish tougher penalties for AI-generated explicit images, known as deepfakes, marking a significant step in addressing growing concerns about digital manipulation and privacy violations.

The Disrupt Explicit Forged Images and Non-Consensual Edits Act, or DEFIANCE Act, introduced by Senator Dick Durbin (D-Ill.) and co-sponsored by Senator Lindsey Graham (R-S.C.), sailed through the Senate on a fast-track vote. The bill would create substantial legal protections for victims of non-consensual AI-manipulated explicit imagery.

Before becoming law, the legislation must still pass the House of Representatives and receive President Donald Trump’s signature. Representative Alexandria Ocasio-Cortez introduced the companion legislation in the House, signaling bipartisan support for addressing this emerging technological threat.

The DEFIANCE Act would provide victims with significant legal recourse, allowing them to sue individuals who create, possess with intent to distribute, solicit, or share deepfake images without consent. Violations could result in fines up to $250,000 per incident. Additionally, courts would gain authority to order takedowns, deletions, and injunctions to prevent further distribution of such content.

“Give to the victims their day in court to hold those responsible who continue to publish these images at their expense,” Durbin stated on the Senate floor. “Today, we are one step closer to making this a reality.”

The legislation also includes privacy protections for victims during litigation and establishes a statute of limitations extending to 10 years, recognizing the long-lasting impact these violations can have on victims’ lives.

Speaking about the psychological toll deepfakes can inflict, Durbin emphasized the severe consequences victims often face. “Imagine losing control over your own likeness and identity. Imagine how powerless victims feel when they cannot remove illicit content, cannot prevent it from being reproduced repeatedly, and cannot prevent new images from being created,” he said.

The senator noted that victims commonly experience depression, anxiety, and fear, with some cases driving individuals to suicide. These devastating outcomes underscore the urgent need for legal frameworks that address technological exploitation.

The DEFIANCE Act builds upon the recently passed Take It Down Act, which targets revenge porn and was heavily championed by First Lady Melania Trump. That legislation was signed into law and is scheduled to take effect in May, further strengthening the legal protections against non-consensual intimate imagery.

This legislative push comes amid growing bipartisan concern about artificial intelligence technologies and their potential for harm, particularly regarding children’s online safety. Last year, Durbin collaborated with Senator Josh Hawley (R-Mo.) on legislation that defines AI as a product, potentially making AI system developers liable for harmful outcomes.

The rapid advancement of AI image generation technology has made creating convincing fake images increasingly accessible to the public, raising alarm about potential misuse. Deepfakes can be created with minimal technical expertise using widely available software, making regulation particularly challenging but increasingly necessary.

As AI technology continues to evolve, this legislation represents one of the first comprehensive federal attempts to address the specific threat of deepfake pornography, which disproportionately targets women and can cause lasting reputational and psychological damage.

The unanimous Senate approval suggests growing recognition across party lines that AI regulation requires thoughtful legislative approaches that balance technological innovation with protection of individual rights and privacy.