H.R.3562 - Disrupt Explicit Forged Images And Non-Consensual Edits Act of 2025; DEFIANCE Act of 2025 (119th Congress)
Summary
H.R.3562, the DEFIANCE Act of 2025, aims to provide legal recourse for individuals affected by non-consensual intimate digital forgeries, often called deepfakes. The bill amends Section 1309 of the Consolidated Appropriations Act, 2022, to include provisions addressing the creation, possession, and distribution of such forgeries. It establishes a civil action allowing victims to seek damages and injunctive relief against perpetrators.
The bill defines "intimate digital forgery" and outlines the conditions under which a civil action can be brought. It also specifies the types of relief available, including damages, attorney fees, and court orders to remove or destroy the forgeries. The Act includes a statute of limitations and clarifies that it does not preempt existing federal, state, or tribal laws.
Ultimately, the bill seeks to protect individuals from the harms associated with image-based sexual abuse through digital forgeries, providing a legal framework for seeking justice and redress.
Expected Effects
The DEFIANCE Act will likely lead to increased litigation related to digital forgeries. It will also create a legal framework for addressing the harms caused by deepfakes.
Technology companies and content platforms may face increased scrutiny and potential liability regarding the hosting and distribution of digitally forged intimate content. Individuals who create or disseminate such content will face potential civil penalties.
Victims of digital forgeries will have a clearer legal pathway to seek compensation and removal of the offending content, potentially reducing the harm and trauma they experience.
Potential Benefits
- Provides a legal avenue for victims of intimate digital forgeries to seek justice and compensation.
- Deters the creation and distribution of non-consensual digital forgeries.
- Clarifies the definition of "intimate digital forgery" and establishes clear standards for liability.
- Offers remedies such as damages, attorney fees, and injunctive relief to remove or destroy the forgeries.
- Protects the privacy of plaintiffs in civil actions through measures like pseudonyms and sealed documents.
Potential Disadvantages
- Could potentially lead to frivolous lawsuits if the definition of "intimate digital forgery" is interpreted too broadly.
- May face challenges in identifying and prosecuting perpetrators, especially in cases involving anonymous or international actors.
- Could create a chilling effect on free speech if individuals fear liability for creating or sharing satirical or artistic content that resembles a digital forgery.
- Enforcement may be difficult and costly, requiring significant resources from law enforcement and the courts.
- The statute of limitations, while relatively long, may still be insufficient in cases where the victim is unaware of the forgery for an extended period.
Constitutional Alignment
The DEFIANCE Act appears to align with the Constitution by addressing harms to individuals and providing a legal framework for redress. It does not appear to infringe upon any specific constitutional rights, such as freedom of speech, as it targets non-consensual activities involving intimate digital forgeries.
The Act's focus on interstate commerce aligns with Congress's power to regulate such commerce under Article I, Section 8, Clause 3 (the Commerce Clause). The Act also includes a severability clause, ensuring that if any provision is deemed unconstitutional, the remaining provisions will remain in effect.
However, concerns could arise regarding the First Amendment if the definition of "intimate digital forgery" is interpreted too broadly, potentially chilling protected speech. The Act attempts to mitigate this by focusing on non-consensual activities and requiring intent to disclose or knowledge of non-consent.
Impact Assessment: Things You Care About ⓘ
This action has been evaluated across 19 key areas that matter to you. Scores range from 1 (highly disadvantageous) to 5 (highly beneficial).