Problem Solvers Caucus Endorses DEFIANCE Act to Allow Victims of Non-Consensual Deepfakes to Sue Perpetrators

WASHINGTON, D.C. –  Today, the Problem Solvers Caucus announced its endorsement of the DEFIANCE Act (H.R. 3562), legislation to allow victims of non-consensual intimate deepfakes to sue people who create or distribute them. The bill unanimously passed out of the Senate last year and is currently awaiting consideration in the House. 

The rapid rise in artificial intelligence and digital editing technologies have made it easier than ever for bad actors to create deepfake pornographic images without a victim’s knowledge or consent. These images are often used to harass or coerce the individuals they depict, more than 95% of whom are women and girls. As AI improves at a rapid pace, it is the government's responsibility to ensure Americans are protected from potential harm.

The DEFIANCE Act establishes a clear federal right for victims of this crime to pursue civil action against individuals who knowingly create or distribute non-consensual explicit images, enabling victims to seek monetary damages and the court-ordered removal of harmful content. The legislation builds on the success of recent bipartisan efforts to address the growing threat of online exploitation. The Problem Solvers Caucus previously endorsed the TAKE IT DOWN Act, signed into law last year, to require tech companies to quickly remove non-consensual intimate content from their platforms.

The DEFIANCE Act is led by Representatives Alexandria Ocasio-Cortez (NY-14) and Laurel Lee (FL-15) and has 52 additional cosponsors, including 14 Members of the Problem Solvers Caucus. The bill was brought forward for Caucus endorsement by Representatives Brian Fitzpatrick (PA-01) and Tom Suozzi (NY-03).

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

“Non-consensual sexual deepfakes represent one of the most disturbing abuses of emerging technology. With the bipartisan DEFIANCE Act, my fellow Co-Chair, Congressman Tom Suozzi, and I, are working to ensure victims have a clear federal pathway to hold perpetrators accountable and reclaim control over their identity and likeness,” said Problem Solvers Caucus Co-Chair Congressman Brian Fitzpatrick (PA-01). “As artificial intelligence advances, our laws must keep pace. I’m grateful to my colleagues in the Problem Solvers Caucus for supporting this commonsense bipartisan effort to protect victims and close dangerous gaps in federal law.”

“The creation and spread of non-consensual intimate images, including AI-generated deepfakes, is another symptom of the dark side of the internet,” said Problem Solvers Caucus Co-Chair Congressman Tom Suozzi (NY-03). “As technology advances, lawmakers on both sides of the aisle have a responsibility to give victims the tools to fight back. The DEFIANCE Act does just that. This bipartisan bill gives survivors a clear path to reclaim their identity and hold bad actors accountable. I’m proud to have spearheaded this endorsement with my Caucus Co-Chair, Rep. Fitzpatrick — Democrats and Republicans need to come together to make it clear this kind of abuse has no place in our society.”

“I’m so grateful to the Problem Solvers Caucus for endorsing the DEFIANCE Act. Non-consensual intimate images and deepfakes devastate women and girls across the country, destroying reputations and putting their safety at risk,” said Paris Hilton. “The DEFIANCE Act gives survivors a clear federal civil right to go to court, stop the spread of these images, and hold perpetrators accountable. I’m proud to stand with bipartisan leaders in support of this bill and urge the Judiciary Committee and the House to follow in the Senate's footsteps and pass it without delay.”

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The Problem Solvers Caucus is a group of Members of Congress — split between Republicans and Democrats — committed to advancing common-sense solutions to key issues facing our nation.