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On Tuesday, 13 January 2026, the United States Senate cast a unanimous vote to pass the Disrupt Explicit Forged Images and Non-Consensual Edits (DEFIANCE) Act. This piece of legislation, known officially as Senate Bill 1837, is designed to offer a lifeline to people who have had sexually explicit fake images created of them without their permission.

Although the bill was managed in the Senate by Democratic Senator Dick Durbin and Republican Senator Lindsey Graham, it has garnered massive public interest due to the involvement of Representative Alexandria Ocasio-Cortez (AOC). She introduced the companion version of the bill in the House of Representatives and has been a vocal campaigner against digital abuse. As the legislation now moves to the House for final approval, many are asking what this law entails and how it will practically assist victims of this modern form of harassment.

Understanding the DEFIANCE Act

The primary objective of the DEFIANCE Act is to establish a 'federal civil remedy'. In simple terms, this gives victims the power to hire a lawyer and take the people responsible for these images to court. At the moment, victims in the United States have to rely on a confusing mix of different state laws. What is illegal in one state might not be clear in another. This new act creates one standard law for the entire country.

The law specifically targets anyone who knowingly produces, distributes, or possesses 'intimate digital forgeries' with the intent to share them. An 'intimate digital forgery' is the legal term for a deepfake. These are images or videos created by computer programmes that look frighteningly real. They can make it appear as though a person is naked or performing sexual acts, even if that person was never actually there.

What Victims Can Do Once It Becomes Law

If the House of Representatives passes the bill and it is signed by the President, victims will finally have a set of powerful tools to fight back against their harassers. Here is a breakdown of the actions they can take:

  • Seeking Financial Compensation: Victims will be able to sue the creators or sharers of the deepfake for money. They can ask for 'statutory damages'. This is a fixed amount of money up to $150,000 (approximately £122,000). If the deepfake is connected to other serious crimes, such as stalking or sexual harassment, the penalty can increase to $250,000 (approximately £204,000).
  • Court Orders to Stop: Beyond money, victims can ask a judge for an 'injunction'. This is an official court order that forces the offender to delete the images immediately and stops them from sharing the content any further. If they disobey this order, they can face further legal trouble.
  • Protecting Their Identity: Taking legal action can be intimidating, especially regarding such a private matter. The DEFIANCE Act allows victims to use a pseudonym, such as 'Jane Doe', in court documents. This ensures their privacy is protected while they seek justice, so they do not have to worry about their name being in the public record.
  • Time to Take Action: The law recognises that victims might not find these images straight away. It gives them 10 years to file a lawsuit. This time limit starts from the moment they discover the fake image, or when they turn 18, whichever happens later.

The 'AOC' Connection and Cross-Party Support

In a political climate where agreement is often hard to find, the DEFIANCE Act has managed to secure support from both major political parties. The fact that the Senate passed it unanimously shows that lawmakers understand the severity of the issue. While Senators Durbin and Graham championed the bill in the Upper House, Alexandria Ocasio-Cortez is leading the effort in the House of Representatives.

Representative Ocasio-Cortez has frequently spoken about the dangers of deepfakes. She has highlighted data suggesting that nearly 96 per cent of all deepfake videos found online are non-consensual pornography, and the overwhelming majority of these target women. She argues that existing laws were written before the internet age and are simply too old to handle the speed and realism of modern AI technology. By attaching her name to the bill, she has helped highlight the issue to a younger generation that spends a vast amount of time on social media.

The Threat of AI Tools and 'Grok'

The urgency to pass this law has increased due to the rapid advancement of technology. AI tools have become very easy to use. Recently, there was a surge of inappropriate images created using 'Grok', an AI tool available on the social media platform X (formerly Twitter). Reports indicated that Grok was being used to generate thousands of offensive images every hour.

Because these sophisticated tools are now available to almost anyone with an internet connection, lawmakers realised they needed to act quickly. The DEFIANCE Act does not just punish the people who make the images; it serves as a strong warning to anyone thinking about using AI to humiliate or hurt others.

The bill now heads to the House of Representatives. With the strong backing of leaders like AOC and the unanimous support of the Senate, advocates are hopeful it will become law very soon, finally giving victims the shield they need.

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