S.Amdt. 2992

The DEFIANCE Act of 2025 (Disrupt Explicit Forged Images and Non-Consensual Edits Act of 2025) is an amendment proposed by Mr. Durbin to be added to bill S. 2296. Its purpose is to address the harms caused by "deepfakes," which the text describes as synthetic images and videos that can be used as a form of image-based sexual abuse.

The amendment aims to change and add the following to the law:

• New Definitions: It adds definitions for an identifiable individual and an intimate digital forgery. An intimate digital forgery is defined as a visual depiction created through technological means (like AI or machine learning) that falsely represents an individual in an intimate way and looks authentic to a reasonable person, regardless of whether it is labeled as fake.

• Civil Action Rights: It expands the ability for identifiable individuals to bring civil lawsuits in U.S. district court against people who:

  • Knowingly produce, possess with intent to disclose, disclose, or solicit and receive intimate digital forgeries without consent.
  • Knowingly produce an intimate digital forgery when they knew or recklessly disregarded that the individual did not consent and was likely to be harmed.

• Available Relief: It updates the relief available to victims, allowing them to recover:

  • Liquidated damages of $150,000, or $250,000 if the conduct was related to stalking, harassment, or sexual assault.
  • Actual damages, including any profits made by the defendant.
  • Additional relief such as punitive damages, attorney fees, and court orders to delete or destroy the forged content.

• Victim Protections: It allows courts to protect a plaintiff's privacy by permitting the use of pseudonyms, redacting identifying information, or keeping forged images under the control of the court.

• Legal Timelines: It establishes a statute of limitations of 10 years from the date the individual discovers the violation or reaches 18 years of age.