Rep. Alexandria Ocasio-Cortez (NY-14) led the reintroduction on May 21 of the “Disrupt Explicit Forged Images and Non-Consensual Edits Act” (DEFIANCE Act), bipartisan legislation that would grant survivors the right to take civil action against people who knowingly produce, distribute, solicit and receive or possess, with the intent to distribute nonconsensual, sexually-explicit, digital forgeries.

 

The congresswoman said the bill, which is also being led by Rep. Laurel Lee (FL-15), a Republican, Sen. Richard J. Durbin (D-IL) and Sen. Lindsey Graham (R-SC), builds on progress made by the passage of the TAKE IT DOWN Act, signed into law earlier this week, and which also had the support of First Lady Melania Trump, a former model.

 

“We are reintroducing the DEFIANCE Act to grant survivors and victims of nonconsensual deepfake pornography the legal right to pursue justice,” said Ocasio-Cortez, who herself has been the target of such deepfake imagery, among others, including those in the entertainment industry like Billie Eilish and Taylor Swift. “I am proud to lead this legislation with Rep. Lee, and Sens. Durbin and Graham to provide victims with the federal protections they deserve.”

 

For her part, Lee said, “I am proud to co-lead the bipartisan DEFIANCE Act, which gives victims a civil right of action when predators attempt to use exploitative AI-generated intimate images, so-called deepfakes, to intimidate, shame, or harm them.’ She added, “We’ve seen stories across the country of women and girls as young as 12 years old victimized by this new and growing form of sexual violence. The time for action is now. This legislation will complement the TAKE IT DOWN Act, which was recently signed into law. Together, they both create both accountability and recourse. I am grateful for my colleagues’ work on these issues, and look forward to moving this bill through Committee.”

 

Meanwhile, Durbin said, “Sexually-explicit ‘deepfake’ content is often used to exploit and harass women and girls, and no one should have their privacy and autonomy violated by someone else generating explicit AI-generated content of them.” He continued, “Although the imagery may be fake, the harm to the victims is very real. Victims have lost their jobs, their reputations, and many have suffered from life-altering depression or anxiety. By introducing the DEFIANCE Act, we’re giving power back to the victims; cracking down on the production, receipt, distribution, and possession of ‘deepfake’ images; and holding those responsible for the images accountable.”

 

According to the Office of Ocasio-Cortez, last summer, the U.S. senate unanimously passed the DEFIANCE Act of 2024 to give survivors of digital abuse and exploitation the tools they need to seek justice. The full bill text is available here.

 

She said the DEFIANCE Act is led by U.S. Senate Democratic Whip, Durbin, Graham, and U.S. Senators Amy Klobuchar (D-MN), Angus King (I-ME), Mike Lee (R-UT), Martin Heinrich (D-NV), and Peter Welch (D-VT). She said, in the House of Representatives, the legislation is co-sponsored by Reps. Kat Cammack (FL-03), Chris Deluzio (PA-17), Debbie Dingell (MI-12), Mike Lawler (NY-17), Ted Lieu (CA-36), Nancy Mace (SC-06), Max Miller (OH-07), Brittany Pettersen (CO-07), Jamie Raskin (MD-8), and Jeff Van Drew (NJ-02).

 

She said the legislation is endorsed by the National Women’s Law Center, National Center on Sexual Exploitation (NCOSE), Raven, Public Citizen, Sexual Violence Prevention Association (SVPA), Democratic Women’s Caucus, UltraViolet, Joyful Heart Foundation, My Image My Choice, Reclaim Coalition, SIECUS: Sex Ed for Social Change, American Association of University Women (AAUW), End Rape on Campus, Foundation Ra, Explain the Asterisk, Protect America’s Daughters, Sexual Assault Response Coalition (SARC), Students Against Sexual Assault, What Were You Wearing, Rooting Movements, Recognize Violence, Change Culture (RVCC), and Street Grace.

 

Omny Miranda Martone, founder & CEO of SVPA, said, “As a survivor of deepfake pornography, I know the trauma of having your body and identity manipulated and weaponized. It is a violation that leaves you feeling powerless. The DEFIANCE Act changes that. It empowers victims to seek justice through a civil right of action, finally giving us a path to hold perpetrators accountable.”

 

She added, “With the number of deepfakes doubling every six months—and over 98% of them being pornographic—we are in a crisis. This bipartisan bill addresses the creation, distribution, and solicitation of nonconsensual deepfake pornography. It’s not just necessary—it’s urgent. Survivors deserve justice. Congress must act swiftly to pass the DEFIANCE Act and take a meaningful stand against digital sexual violence.”

 

Meanwhile, Stefan Turkheimer, VP of public policy at RAINN, the nation’s largest anti-sexual violence organization, said, “Survivors of image-based sexual abuse deserve a clear path to civil justice. The DEFIANCE Act is the right solution — and now is the right time to build on the growing momentum to ensure survivors have real power to hold offenders accountable, including the ability to pursue civil remedies against those who use AI to create and spread sexually explicit images meant to cause harm.”

 

On May 19, the first lady joined U.S. President Donald J. Trump in the White House Rose Garden for the signing of S.146, the “TAKE IT DOWN” Act, described as a historic and bipartisan new law focused on protecting children and families from online extortion and exploitation through the non-consensual distribution of intimate images and deepfake abuse.

 

The bill, described as a priority of the First Lady’s BE BEST initiative, passed Congress in the first 100 days of the second Trump Administration. “Today, through the ‘TAKE IT DOWN’ Act, we affirm that the well-being of our children is central to the future of our families and America,” she said. “I am proud to say that the values of BE BEST will be reflected in the law of the land.”