Durbin, Graham, Reps. Ocasio-Cortez & Lee Introduce Bipartisan Legislation To Combat Non-Consensual, Sexually-Explicit Deepfake Imagery

WASHINGTON – U.S. Senate Democratic Whip Dick Durbin (D-IL), Ranking Member of the Senate Judiciary Committee, U.S. Representative Alexandria Ocasio-Cortez (D-NY-14), U.S. Senator Lindsey Graham (R-SC), and U.S. Representative Laurel Lee (R-FL-15) today reintroduced theDisrupt Explicit Forged Images and Non-Consensual Edits Act(DEFIANCE Act), bipartisan, bicameral legislation that would grant survivors the right to take civil action against individuals who knowingly produce, distribute, solicit andreceive, or possess with the intent to distribute nonconsensual sexually-explicit digital forgeries. Last July, theSenate unanimously passed theDEFIANCE Actof 2024.
“Sexually-explicit ‘deepfake’ content is often used to exploit and harass women and girls, and no one should have their privacy and autonomy violated by someone else generating explicit AI-generated content of them,”said Durbin.“Although the imagery may be fake, the harm to the victims is very real. Victims have lost their jobs, their reputations, and many have suffered from life-altering depression or anxiety. By introducing theDEFIANCE Act, we’re giving power back to the victims; cracking down on the production, receipt, distribution, and possession of ‘deepfake’ images; and holding those responsible for the images accountable.”
“We’re reintroducing theDEFIANCE Actto empower survivors of nonconsensual deepfake pornography with the right to take civil action so they can pursue justice for themselves,”said Ocasio-Cortez.“I’m proud to lead this legislation with Representative Lee, and Senators Durbin and Graham to provide victims with the federal protections they deserve.”
“I am proud to co-lead the bipartisanDEFIANCE Act, which gives victims a civil right of action when predators attempt to use exploitative AI-generated intimate images—so-called deepfakes—to intimidate, shame, or harm them,”said Lee.“We’ve seen stories across the country of women and girls as young as 12 years old victimized by this new and growing form of sexual violence. The time for action is now. This legislation will complement theTAKE IT DOWN Act, which was recently signed into law. Together, they both create both accountability and recourse. I am grateful for my colleagues’ work on these issues, and look forward to moving this bill through Committee.”
The bill text is availablehere.
In addition to Durbin and Graham, theDEFIANCE Actis cosponsored by Senators Amy Klobuchar (D-MN), Angus King (I-ME), Mike Lee (R-UT), Martin Heinrich (D-NM), and Peter Welch (D-VT).
In addition to Ocasio-Cortez and Lee, theDEFIANCE Actis cosponsored by Representatives Kat Cammack (R-FL-03), Chris Deluzio (D-PA-17), Debbie Dingell (D-MI-12), Mike Lawler (R-NY-17), Ted Lieu (D-CA-36), Nancy Mace (R-SC-06), Max Miller (R-OH-07), Brittany Pettersen (D-CO-07), and Jeff Van Drew (R-NJ-02).
The legislation is endorsed by the National Women’s Law Center, National Center on Sexual Exploitation (NCOSE), Raven, Public Citizen, Sexual Violence Prevention Association, Democratic Women’s Caucus, UltraViolet, Joyful Heart Foundation, My Image My Choice, Reclaim Coalition, SIECUS: Sex Ed for Social Change, American Association of University Women (AAUW), End Rape on Campus, Foundation Ra, Explain the Asterisk, Protect America’s Daughters, Sexual Assault Response Coalition (SARC), Students Against Sexual Assault, What Were You Wearing, Rooting Movements, Recognize Violence, Change Culture (RVCC), and Street Grace. Quotes from these organizations follow.
“As a survivor of deepfake pornography, I know the trauma of having your body and identity manipulated and weaponized. It is a violation that leaves you feeling powerless. TheDEFIANCE Actchanges that. It empowers victims to seek justice through a civil right of action, finally giving us a path to hold perpetrators accountable. With the number of deepfakes doubling every six months—and over 98% of them being pornographic—we are in a crisis. This bipartisan bill addresses the creation, distribution, and solicitation of nonconsensual deepfake pornography. It’s not just necessary—it’s urgent. Survivors deserve justice. Congress must act swiftly to pass theDEFIANCE Actand take a meaningful stand against digital sexual violence,”saidOmny Miranda Martone, Founder & CEO of the Sexual Violence Prevention Association (SVPA).
“Survivors of image-based sexual abuse deserve a clear path to civil justice,”said Stefan Turkheimer, VP of Public Policy at RAINN, the nation’s largest anti-sexual violence organization.“TheDEFIANCE Actis the right solution — and now is the right time to build on the growing momentum to ensure survivors have real power to hold offenders accountable, including the ability to pursue civil remedies against those who use AI to create and spread sexually explicit images meant to cause harm.”
The volume of “deepfake” content available online is increasing exponentially as the technology used to create it has become more accessible to the public. The overwhelming majority of this material is sexually-explicit and is produced without the consent of the person depicted. A 2019 study found that 96 percent of “deepfake” videos were nonconsensual pornography.
One researcherfoundthat:
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