US Senate passes DEFIANCE Act allowing deepfake lawsuits

The U.S. Senate unanimously passed the DEFIANCE Act on January 13, 2026. The bill creates a civil path for victims of nonconsensual, sexually explicit deepfake images. Victims could sue creators for monetary damages. Sen. Dick Durbin’s office and multiple news outlets reported the vote. The measure now moves to the U.S. House for consideration. (Durbin press release; The Verge; Bloomberg)

The bill targets sexually explicit AI-generated imagery and establishes a private right of action. Plaintiffs could seek damages from creators and distributors instead of relying only on platform takedowns or criminal statutes. Coverage of the Grok-related image controversy on Capitol Hill helped build bipartisan momentum, per Axios and Bloomberg.

If enacted, the DEFIANCE Act would shift enforcement toward civil litigation. Developers, content creators, and platforms could face increased legal exposure for hosting or distributing nonconsensual intimate deepfakes. The House may amend definitions and damages language. Technology and legal teams should prepare for more takedown requests, discovery demands, and litigation.

Why It Matters

• Creates a civil damages route so victims can pursue compensation without waiting for criminal charges or platform removal.
• Increases legal exposure for creators and distributors, driving greater compliance and takedown pressure on platforms.
• Technology teams should expect more discovery orders and takedown notices tied to AI-generated intimate imagery.
• House amendments could change scope; privacy and engineering teams must track language on definitions and platform liability.