Representative Alexandria Ocasio-Cortez has introduced the DEFIANCE Act of 2024, aiming to empower victims of deepfaked porn to sue creators, according to Rolling Stone. This bill, if passed, would amend the 1994 Violence Against Women Act, providing legal recourse for individuals targeted by nonconsensual deepfakes, a phenomenon predominantly affecting women and girls. Ocasio-Cortez emphasizes the significance of addressing this issue to shape societal norms for the future.
Collaborating with fellow lawmakers Dick Durbin and Lindsey Graham, Ocasio-Cortez engaged with survivors of nonconsensual deepfakes in developing the legislation. Notably, the DEFIANCE Act not only allows victims to sue creators but also those who distribute or receive the nonconsensual content, contingent on them knowing its origin. However, proving this lack of consent may present challenges for victims.
The proliferation of pornographic deepfakes, facilitated by accessible generative AI tools, has posed serious concerns for both public figures and ordinary individuals, highlighting the urgency for legal safeguards. While the bill marks progress, critics argue that it places a disproportionate burden on victims and overlooks holding AI tool makers accountable for enabling deepfake production.