Updated: September 3, 2026 · Docs · Clothoff AI Editorial Team
What is the DEFIANCE Act?
A glossary entry on the pending federal bill that would let victims of sexual deepfakes sue for damages, with its legislative status checked on congress.gov.
Educational glossary entry by a review publisher; not legal advice.
What would the DEFIANCE Act do?
The DEFIANCE Act is a pending United States bill, S.1837 in the 119th Congress, that would create a federal civil cause of action for people depicted in sexually explicit “intimate digital forgeries.” It passed the Senate by unanimous consent on January 13, 2026 and is held at the desk in the House. It is not law.
The bill amends 15 U.S.C. §6851, the existing civil remedy for disclosure of intimate images, to add digital forgeries. Nothing in the table is in force yet.
| Law | Effective date | What it covers | Penalty | Source |
|---|---|---|---|---|
| DEFIANCE Act, S.1837 – civil action | Not in force (Senate passed January 13, 2026; held at the desk in the House) | Production, disclosure or possession with intent to disclose of an intimate digital forgery | Actual damages or liquidated damages of $150,000; $250,000 if linked to sexual assault, stalking or harassment; punitive damages | S.1837 text, congress.gov |
| S.1837 – statute of limitations | Not in force | Time to sue | 10 years from discovery, or from age 18 for minor victims | S.1837 text |
| S.1837 – disclaimer rule | Not in force | Labels do not change status | A label or disclaimer does not remove liability | All actions, congress.gov |
| H.R.3562 – House companion | Referred to House Judiciary Committee May 21, 2025 | Same civil remedy | Same damages framework | H.R.3562, congress.gov |
Where does the bill stand today?
Senator Durbin introduced S.1837 on May 21, 2025. The Senate passed it by unanimous consent on January 13, 2026, and the House recorded it as held at the desk the same day. No House floor vote is recorded on congress.gov as of September 3, 2026, so the bill remains pending.
A House companion, H.R.3562, was referred to the Judiciary Committee on May 21, 2025. Either chamber could still move the text, and a version passed in the 118th Congress also stalled, so the status should be rechecked before citing it as law.
How does it differ from the TAKE IT DOWN Act?
The TAKE IT DOWN Act is criminal and administrative: prosecutors bring cases and the FTC polices platform removal. The DEFIANCE Act is private: the depicted person sues the creator or distributor directly and can recover damages without waiting for a prosecutor.
The bill also covers possession with intent to disclose and production, not only publication, and it sets a 10-year limitations period. Together the two laws would give victims a removal route, a criminal deterrent and a financial remedy.
Why does a pending bill matter for tool reviews?
Tools that generate intimate images of identifiable people already expose their users to criminal liability under federal and state law. A federal civil remedy would add a damages claim against the same users, which is why our reviews rate consent controls under the privacy score.
Our editorial rule is unchanged by the bill’s status: reviewed tools may be used only on your own photos or those of consenting adults, and services marketed for impersonation are excluded under the acceptable use policy. The NCII entry explains the underlying harm.
“Passed Senate without amendment by Unanimous Consent.”
— S.1837 – All Actions, 01/13/2026, accessed September 3, 2026
Consent Note
This site is a publisher: it reviews third-party tools and does not create, edit, accept or store images. Docs entries are general information, not legal advice.
Sources
All sources accessed on September 3, 2026; educational entry, not legal advice.
FAQ: DEFIANCE Act
Is the DEFIANCE Act law yet?
No. As of September 3, 2026, S.1837 has passed the Senate by unanimous consent and is held at the desk in the House, while the companion H.R.3562 sits in the House Judiciary Committee. Until the House acts and the President signs, no civil remedy under the bill exists.
How much could a victim recover?
The Senate text allows actual damages or liquidated damages of $150,000, rising to $250,000 when the forgery is connected to sexual assault, stalking or harassment, plus punitive damages, attorney fees and injunctive relief. These amounts are proposals until the bill is enacted.
Who could be sued under the bill?
Any person who knowingly produces, discloses, solicits or possesses with intent to disclose an intimate digital forgery of the plaintiff without consent. The bill targets individuals; platform liability remains governed by Section 230 and the TAKE IT DOWN Act removal duty.
What is an intimate digital forgery?
The bill defines it as an intimate visual depiction created or altered through software, machine learning, artificial intelligence or other computer-generated means that appears to a reasonable person to be indistinguishable from an authentic image. A disclaimer or label does not change that status.
Can victims already sue without the DEFIANCE Act?
Sometimes. Several states provide civil actions covering digitally altered intimate images, and 15 U.S.C. §6851 already covers authentic images at the federal level. The DEFIANCE Act would make the federal remedy explicit for forgeries, add liquidated damages and set a uniform 10-year limitations period.
Does the bill affect review sites?
Not directly. The cause of action runs against people who produce or distribute forgeries, not against publishers of editorial reviews. This site hosts no user images. The bill does reinforce why our ratings score consent controls and removal routes under privacy.