Frequently asked questions
Common questions about the scope, status, protections, and responsibilities associated with The DEFIANCE Act.
Is the DEFIANCE Act currently law?
No. S.1837 passed the Senate on January 13, 2026, but has not passed the House or been signed by the President.
Would a deepfake have to be publicly posted?
Not always. The Senate-passed bill also addresses specified knowing production, possession with intent to disclose, and solicitation and receipt.
Would labeling an image as AI-generated prevent liability?
No. The proposed definition expressly provides that labels, disclosure, and context indicating that an image is fake do not by themselves exclude it.
How does this differ from the TAKE IT DOWN Act?
TAKE IT DOWN is enacted law with criminal prohibitions and platform removal duties. DEFIANCE would expand a civil cause of action available to affected individuals.
Verify the current text
Legislation, regulations, agency guidance, and inflation-adjusted penalties can change. Use the linked official sources for the controlling and most current information.