Deepfake Lawsuit Rights Strengthened as US Senate Passes Durbin's 'DEFIANCE Act'

In a rare display of cross-party unity, the United States Senate has unanimously passed legislation granting victims of non-consensual deepfake pornography the right to sue their abusers. The Disrupt Explicit Forged Images and Non-Consensual Edits Act, known as the DEFIANCE Act, cleared the upper chamber following a live unanimous consent request led by Senate Democratic Whip Dick Durbin.

The bill aims to establish a federal civil remedy for individuals whose likenesses are used without permission to create sexually explicit synthetic media. If enacted, the legislation would allow survivors to take civil action against individuals who knowingly produce, distribute, or possess digital forgeries with the intent to distribute them.

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A Rare Moment of Bipartisan Consensus

Speaking on the Senate floor, Senator Durbin emphasised the necessity of political cooperation on issues regarding digital safety and personal dignity. The legislation is a bipartisan effort, co-led in the Senate by Republican Senator Lindsey Graham and introduced in the House of Representatives by Democrat Alexandria Ocasio-Cortez and Republican Laurel Lee.

'On a measure of this importance, it's important to come together as political parties,' Durbin stated following the vote. 'It feels good to see the Senate actually passing legislation. It's rare.'

Durbin paid particular tribute to Representative Ocasio-Cortez, noting that the Congresswoman is herself a 'publicly-confessed victim' of explicit deepfakes. He commended her bravery and leadership in championing the tools necessary to combat what he termed a 'despicable crime'.

The Human Cost of Synthetic Media

The urgency of the DEFIANCE Act is underpinned by alarming statistics regarding the proliferation of AI-generated abuse. According to a 2019 study cited during the proceedings, 96 per cent of deepfake videos found online were non-consensual pornography, with traffic gained by popular websites that have similar content spiking to 285 per cent from 2020 to 2023.

Furthermore, researchers have observed a ninefold increase in such content since 2019, with these videos accumulating nearly four billion views.

In his address, Durbin highlighted the profound psychological toll this technology exacts on its targets. 'Imagine losing control over your own likeness and identity,' he told the chamber. '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.'

The Senator detailed the devastating consequences for victims, ranging from threats to employment and reputation to severe mental health struggles, including depression and anxiety. In the most tragic instances, Durbin noted, victims have been driven to suicide.

The Path to Law

While the Senate's unanimous approval marks a significant milestone, the bill must now clear the House of Representatives. A previous version of the act passed the Senate in 2024 but was stalled by House Republicans.

However, proponents are optimistic that the current momentum, bolstered by public polling and the endorsement of major advocacy groups such as the National Women's Law Center, will see the measure through.

'Now, let's pass this in the House and make it the law of the land,' Durbin urged, calling for immediate action to provide victims with the legal tools required to fight back against exploitation in the digital age.