The Senate unanimously passed the DEFIANCE Act, a bill to address and prevent non-consensual deepfake pornography

WASHINGTON, DC 

On July 23rd, 2024, the Disrupt Explicit Forged Images and Non-Consensual Edits Act of 2024 (DEFIANCE Act) passed unanimously in the Senate. This demonstrates that Congress is unified in their determination to confront non-consensual deepfake pornography via the DEFIANCE Act.

“The Senate unanimously passed a bill to combat the spread of sexually explicit AI-generated deepfakes- the DEFIANCE Act. […] I urge the House now to take up this piece of legislation, so victims of non-consensual deepfakes can have the justice they deserve. [It’s] just awful what people do to people with these deepfakes. This bill will end that,” Senate Majority Leader Chuck Schumer said on the Senate floor.

The DEFIANCE Act is a bipartisan bill to address and prevent non-consensual deepfake pornography by empowering victims to seek justice.  More specifically, the act will create a civil right to action to legally challenge the creation, distribution, and solicitation of deepfake pornography made without the permission of the person depicted. This will help victims and prevent sexual violence in the future.

Deepfake pornography uses artificial intelligence (AI) technology to generate fake, sexually explicit videos or images of an individual without their consent. Currently, there are no federal laws in place to address this growing issue.

There were over 500,000 deepfakes shared online in 2023, and the number of deepfakes online is doubling every six months. As of 2023, over 98% of deepfakes on the internet were pornographic.

“Time and again, victims are told that nothing can be done to help them, because existing laws simply do not apply to deepfakes. This is not just a gap in the law. It is an omission that shows blatant disregard for the trauma of children, women, and girls who are victimized by this crime. My DEFIANCE Act will change that,” Sen. Dick Durbin (D-IL) said on the Senate floor.

The DEFIANCE Act was written by the Sexual Violence Prevention Association (SVPA) in collaboration with Congress and victims of sexually explicit deepfakes. It has been met with significant support from tech groups, including the Center for Democracy and Technology, as well as victims and organizations dedicated to women’s rights, sexual violence, and victim advocacy. 46 organizations have endorsed the bill including RAINN, the National Women’s Law Center (NWLC), National Organization for Women (NOW), National Domestic Violence Hotline (NDVH), National Center on Sexual Exploitation (NCOSE), and National Alliance to End Sexual Violence (NAESV). 

The DEFIANCE Act was first introduced in the Senate by Majority Whip Dick Durbin (D-IL) in January. It was cosponsored by Senate Majority Leader Chuck Schumer (D-NY) as well as Senators Lindsey Graham (R-SC), Amy Klobuchar (D-MN), Josh Hawley (R-MO), Angus King (I-ME), and Mike Lee (R-UT).

The DEFIANCE Act was introduced in the House by Representative Alexandria Ocasio-Cortez (D-NY) in March. It is co-sponsored by Representatives Mike Garcia (R-CA), Ted Lieu (D-CA), Nancy Mace (R-SC), Deborah Ross (D-NC), Lori Chavez-DeRemer (R-OR), Jennifer Wexton (D-VA), Max Miller (R-OH), Jamie Raskin (D-MD), Michael Lawler (R-NY), and Christopher Deluzio (D-PA). Now that it has passed in the Senate, the next step to becoming federal law is passing in the House of Representatives. The DEFIANCE Act is currently pending in the House Judiciary Committee.  

“With the passage of the DEFIANCE Act in the Senate, I and other victims of deepfake pornography are now a step closer to being able to take legal action and seek justice,” said Omny Miranda Martone, Founder and CEO of the Sexual Violence Prevention Association. “This vote is a huge step for victim advocacy and sexual violence prevention across the country.” 

For further information on the DEFIANCE Act, please visit: www.s-v-p-a.org/defiance.

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Contact

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About the SVPA

The Sexual Violence Prevention Association (SVPA) is a national nonprofit dedicated to preventing sexual violence systemically. You can learn more about our organization on our website or in our impact report.

Links

• SVPA Press Release 
• Senate Press Release
• Durbin Press Release
• Ocasio-Cortez Statement 
• NBC News Article 
• DEFIANCE Act Webpage (Regularly updated with legislative news)
• Sexual Violence Prevention Association (SVPA) (Main website)

Endorsements 

1. Sexual Violence Prevention Association (SVPA)
2. American Association of University Women (AAUW)
3. Catholics for Choice
4. Center for Democracy and Technology (CDT)
5. Center for Survivor Agency and Justice (CSAJ)
6. Democratic Women’s Caucus (DWC)
7. End Rape on Campus
8. End the Silence
9. Equality California
10. Esperanza United
11. Explain the Asterisk
12. Foundation Ra
13. Futures Without Violence
14. Hire Survivors Hollywood
15. Jewish Women International
16. Joyful Heart Foundation
17. Legal Momentum
18. Ms. Magazine
19. My Image My Choice
20. National Alliance to End Sexual Violence (NAESV)
21. National Center on Sexual Exploitation (NCOSE)
22. National Domestic Violence Hotline (NDVH)
23. National LGBTQ Task Force
24. National Network to End Domestic Violence (NNEDV)
25. National Organization for Women (NOW)
26. National Partnership for Women & Families
27. National Women’s Law Center (NWLC)
28. PACT
29. Protect America’s Daughters
30. Public Citizen
31. Rape, Abuse, and Incest National Network (RAINN)
32. Reclaim Coalition
33. Recognize Violence, Change Culture (RVCC)
34. Rights4Girls
35. Rooting Movements
36. Sakhi for South Asian Women
37. Sexual Assault Response Coalition (SARC)
38. SIECUS: Sex Ed for Social Change
39. Street Grace
40. Students Against Sexual Assault
41. Trans Empowerment Project
42. Ujima, The National Center on Violence Against Women in the Black Community
43. UltraViolet
44. What Were You Wearing
45. Wyoming Coalition Against Domestic Violence and Sexual Assault (WCADVSA)
46. YWCA USA