The Senate has passed the Disrupt Explicit Forged Images and Non-Consensual Edits (DEFIANCE ) Act with unanimous consent, according to the bill’s co-sponsor Senator Dick Durbin (D-IL). The bill lets the subjects of nonconsensual, sexually explicit deepfakes take civil action against the people who create and host them.
Deepfakes are a known issue online, but without the proper protections, easy access to AI-powered image and video generation tools has made it possible for anyone to create compromising content using another person’s likeness. This has become a particular problem on X, where the integration of Grok, the AI assistant created by X’s parent company xAI, makes it possible for anyone to turn the content of another person’s post into an image-generating prompt. Over the last month, that’s allowed users to create sexually explicit images of children, just by replying to a post with @grok and a request.
In response, Ofcom, the UK’s media regulator, has already opened an investigation into X for potentially violating the Online Safety Act. The chatbot has also been outright blocked in Malaysia and Indonesia. The DEFIANCE Act won’t prevent Grok or other AI tools from generating nonconsensual deepfakes, but it would make creating or hosting that content potentially very expensive for anyone on the receiving end of a lawsuit.
The Senate passed an earlier version of the DEFIANCE Act in 2024, but it stalled in the House. Given the urgency of Grok’s deepfake problem, the hope is this new version of the bill won’t see the same resistance. Congress passed an earlier piece of deepfake regulation last year, the Take It Down Act, with bipartisan support. That bill was focused on the companies who host nonconsensual, sexually explicit content, rather than the people exploited by it.
