S. 1837: Disrupt Explicit Forged Images And Non-Consensual Edits Act of 2025

This bill, known as the Disrupt Explicit Forged Images And Non-Consensual Edits Act of 2025 (or DEFIANCE Act), aims to strengthen the rights of individuals who are affected by non-consensual digital forgeries and sexually intimate digital depictions. Here’s a breakdown of the key provisions:

Purpose of the Bill

The bill addresses the growing issue of digital forgeries, specifically those that depict individuals in sexual situations or as nude without their consent. These can include images or videos where a person's likeness is manipulated to create false representations and can lead to significant emotional, social, and psychological harm to the victims involved.

Definitions

The bill introduces terms such as:

• Intimate Digital Forgery: An intimate visual depiction of a person that falsely represents them or their conduct in a sexual context and is created using various digital means.
• Identifiable Individual: A person whose likeness is portrayed in a visual depiction and can be recognized.

Civil Action for Victims

The bill allows identifiable individuals to take legal action against those who produce, disclose, or possess intimate digital forgeries without consent. The highlights of this civil action include:

• Victims can sue for damages if their intimate images or digital forgeries are revealed without their approval.
• Victims may also seek relief if their likenesses are used in digital forgeries that are disseminated without consent.

Damages and Relief

Should a victim win a civil case under this law, they are entitled to:

• Statutory damages of up to $150,000, which can increase to $250,000 under certain circumstances, such as if the conduct involved sexual assault or harassment.
• Reimbursement for legal costs and attorney fees incurred while pursuing the case.
• Possible court-ordered actions against the defendant such as requiring the deletion of the forgeries or halting their disclosure.

Privacy Protections for Victims

The bill includes provisions to help protect the privacy of victims during legal proceedings. This can involve:

• The ability to use a pseudonym in court.
• Redacting personal information from public filings.
• Limiting disclosure of the evidence to ensure the victim's dignity is maintained.

Timeframe for Legal Action

The statute of limitations for a victim to file a claim is ten years from when they discover the violation or reach the age of 18, whichever is applicable.

Consistency with Existing Laws

The bill does not override any existing federal, state, or tribal laws regarding the non-consensual disclosure of intimate depictions. It allows for local laws that offer equal or greater protections for victims to remain in effect.

Conclusion of Legal Validity

If any part of this bill is found to be unconstitutional, the rest of the legislation would remain valid. Additionally, terms in the bill do not impact other intellectual property laws.

Relevant Companies

• GOOGL (Alphabet Inc.): Potential impact due to the use of its platforms where such digital content may be shared.
• AMZN (Amazon.com, Inc.): May see implications if its services are used to publish or distribute such material.
• FB (Meta Platforms, Inc.): Likely affected as its social media platforms are common for sharing digital content, including forgeries.