US | Incident Report
Regulatory Action
2026-01-13
US Senate passes DEFIANCE Act creating civil claims for sexual deepfakes
AI Model: Unspecified generative AI tool
I. Executive Summary
The U.S. Senate passed the DEFIANCE Act to create a federal civil right of action for people harmed by nonconsensual, sexually explicit digital forgeries (including AI-generated deepfakes). The measure is positioned as a companion to other federal efforts addressing nonconsensual intimate imagery, with an emphasis on enabling victims to sue individual creators. The bill’s passage reflects increasing legislative focus on litigation remedies and deterrence for AI-enabled image-based sexual abuse.
II. Key Facts
- Passed the Senate on January 13, 2026 (S.1837, 119th Congress).• Creates a federal civil cause of action for individuals affected by nonconsensual intimate digital forgeries.• Targets liability at individuals involved in creating (and in some coverage, distributing/hosting) the forgeries.• Legislative record and sponsor statements frame the bill as a response to AI-generated sexual deepfakes.
III. Regulatory & Ethical Implications
If enacted, the DEFIANCE Act would expand U.S. civil litigation pathways for victims and increase exposure for creators of nonconsensual intimate deepfakes. Counsel should anticipate more preservation demands, expedited injunction/takedown motions, and parallel criminal/regulatory processes, especially where minors may be involved.