In one paragraph
The federal H.R. 3562 (DEFIANCE Act of 2025) would amend 15 U.S.C. 6851 to let an identifiable individual sue over an "intimate digital forgery": a sexually intimate depiction made with software, machine learning or AI that a reasonable person could not tell from a real one. Liquidated damages would be $150,000, or $250,000 if tied to sexual assault, stalking or harassment. Introduced May 21, 2025 and referred to the House Judiciary Committee; no further action.
Plain-English summary, written with AI assistance. The official text controls.
What it means for business
None yet: the bill is pending. It would expose anyone who knowingly produces, possesses with intent to disclose, discloses or solicits sexual deepfakes to civil suits with $150,000 liquidated damages.
Key provisions
- Defines "intimate digital forgery" as an intimate visual depiction of an identifiable individual that falsely represents the person or the conduct, is created using software, machine learning, artificial intelligence or other technological means (including by altering an authentic depiction), and is indistinguishable from an authentic depiction when viewed as a whole by a reasonable person; labels saying it is not authentic do not change that
- Civil action (amending 15 U.S.C. 6851): the individual may sue a person who knowingly produced or possessed a forgery with intent to disclose it, knowingly disclosed it, or knowingly solicited and received it, without consent and in or affecting interstate or foreign commerce; a separate claim lies against a person who knowingly produced it knowing or recklessly disregarding that the individual was harmed or reasonably likely to be harmed
- Existing claims over intimate images disclosed without consent are kept; a legal guardian may sue for an individual who is under 18, incompetent, incapacitated or deceased
- Relief: liquidated damages of $150,000, or $250,000 if the conduct was connected to actual or attempted sexual assault, stalking or harassment, or actual damages including the defendant's profits; plus costs and attorney fees, and the court may award punitive damages and order deletion or an injunction
- Court may allow pseudonyms, redaction, sealed filings and protective orders; claims must be filed within 10 years of the later of discovery of the violation or the plaintiff turning 18
- State and Tribal laws that are at least as protective of victims are not displaced; the bill sets no effective date, criminal penalty or agency enforcement role
- Introduced May 21, 2025 and referred to the House Judiciary Committee
Latest legislative action
May 21, 2025. Referred to the House Committee on the Judiciary.
Topics and industries
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Affected industries
This page is general information, not legal advice. Summaries are AI-assisted and may contain errors; read the statute for the controlling text and talk to a lawyer about your situation. Full disclaimer · Report an error