On May 20, 2025, the DEFIANCE Act, led by Senators Dick Durbin (D-IL) and Lindsey Graham (R-SC) as well as Representatives Alexandria Ocasio-Cortez (D-NY) and Laurel Lee (R-FL), was introduced in the House and Senate. This represents a pivotal moment in the national effort to confront the growing threat of AI-generated sexual exploitation.
The newest and most prolific form of digital sexual violence is non-consensual explicit materials (NCEMs). NCEMs include authentic and artificial explicit materials, formerly known as revenge pornography and deepfake pornography.
NCEMs cause immense emotional and social harm, often leading to significant psychological stress, including depression, anxiety, and PTSD. The damage can also extend to job loss, reputational damage, and heightened vulnerability to domestic violence, sexual violence, and stalking. The exponential rise of NCEMs in recent years highlights critical gaps in current legislation regarding online sexual violence and underscores the urgent need for stronger, more effective protections.
The DEFIANCE Act and the Take it Down Act, which was signed into law on May 19th, were intentionally written to complement one another. While the Take it Down Act serves to address artificial and authentic NCEM by requiring social media companies and other online platforms to have “report and remove” procedures, the DEFIANCE Act aims to provide victims of NCEMs with a federal civil right of action. This legislation allows individuals to seek damages against those who knowingly create, distribute, or possess with intent to distribute such digital forgeries without consent. Both of these laws are necessary to fully protect victims and prevent instances of occurrence.
The SVPA strongly urges the 119th Congress to swiftly pass the DEFIANCE Act. As the prevalence of AI-driven abuse escalates, the DEFIANCE Act stands as a vital tool in defending individuals—especially women, children, and marginalized communities—from this exponentially increasing form of digital sexual violence.
For further information on the DEFIANCE Act, please go to: www.s-v-p-a.org/defiance
