H.R. 3562 (119th)Bill Overview

DEFIANCE Act of 2025

Crime and Law Enforcement|Advanced technology and technological innovationsAssault and harassment offenses
Cosponsors
Support
Bipartisan
Introduced
May 21, 2025
Discussions
Bill Text
Current stageCommittee

Referred to the House Committee on the Judiciary.

Introduced
Committee
Floor
President
Law
Congressional Activities
01 · The brief

The bill amends Section 1309 of the Consolidated Appropriations Act, 2022 to add and define “intimate digital forgery” (sexual deepfakes) and to expand civil remedies for victims.

It creates federal causes of action for disclosure, production, possession with intent to disclose, and solicitation or receipt of intimate digital forgeries, allows injunctive relief (including deletion orders), and sets liquidated-damages floors ($150,000 or $250,000 in aggravated cases) or actual damages.

The measure includes privacy protections for plaintiffs, a 10-year statute of limitations from discovery or majority, and preserves State, Tribal, and other federal laws without preemption.

Passage35/100

Substantive victim-protection aims aid support, but private remedy design, liability breadth, and First Amendment/Section 230 interactions raise legal and political obstacles.

CredibilityPartially aligned

Relative to its intended legislative type, this bill is a substantive statutory amendment that clearly defines a targeted problem and establishes a new/expanded federal private right of action with specific definitions, standards, remedies, and privacy protections; it integrates directly with existing statutory provisions and includes non-preemption and severability provisions.

Contention68/100

Privacy/victim relief versus concerns about free speech and overbreadth

02 · What it does

Who stands to gain, and who may push back.

Who this appears to help vs burden50% / 50%
Federal agenciesTargeted stakeholders
Likely helped
  • Federal agenciesCreates a clear federal remedy for victims of nonconsensual sexually intimate deepfakes.
  • Targeted stakeholdersProvides statutory liquidated damages and attorneys’ fee recovery to improve victim compensation.
  • Targeted stakeholdersAuthorizes injunctions compelling deletion and protective orders to safeguard victim privacy.
Likely burdened
  • Targeted stakeholdersCould raise compliance and content-moderation costs for online platforms and hosting providers.
  • Targeted stakeholdersMay trigger increased litigation and defense costs due to defined liquidated-damage remedies.
  • Targeted stakeholdersThe "indistinguishable to a reasonable person" test may produce inconsistent judicial interpretations.
03 · Why people split

Why the argument around this bill splits.

Privacy/victim relief versus concerns about free speech and overbreadth
Progressive95%

Likely strongly supportive: the bill addresses nonconsensual sexualized deepfakes, expands civil relief, and prioritizes victims’ privacy.

Supporters will emphasize strong redress, meaningful damages, and injunctive powers to stop circulation and reduce harm.

Leans supportive
Centrist70%

Generally favorable but pragmatic: supports victim protection while worrying about legal clarity and unintended consequences.

Will seek clearer mens rea, procedural safeguards, and manageable impacts on platforms and courts.

Leans supportive
Conservative30%

Skeptical to opposed: values victim protection but worries about federal overreach, speech impacts, and large damages.

Concerned about vagueness, platform burdens, and potential chilling effects on benign speech or research.

Likely resistant
04 · Can it pass?

The path through Congress.

Introduced

Reached or meaningfully advanced

Committee

Reached or meaningfully advanced

Floor

Still ahead

President

Still ahead

Law

Still ahead

Passage likelihood35/100

Substantive victim-protection aims aid support, but private remedy design, liability breadth, and First Amendment/Section 230 interactions raise legal and political obstacles.

Scope and complexity
52%
Scopemoderate
52%
Complexitymedium
Why this could stall
  • How courts would treat interplay with Section 230 immunity
  • Constitutional free-speech challenges to broad definitions
05 · Recent votes

Recent votes on the bill.

No vote history yet

The bill has not accumulated any surfaced votes yet.

06 · Go deeper

Go deeper than the headline read.

Included on this page

Privacy/victim relief versus concerns about free speech and overbreadth

Substantive victim-protection aims aid support, but private remedy design, liability breadth, and First Amendment/Section 230 interactions…

Unlocked analysis

Relative to its intended legislative type, this bill is a substantive statutory amendment that clearly defines a targeted problem and establishes a new/expanded federal private right of action with specific definitions,…

Go beyond the headline summary with full stakeholder mapping, legislative design analysis, passage barriers, and lens-by-lens tradeoff breakdowns.

Perspective breakdownsPassage barriersLegislative design reviewStakeholder impact map
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