Federal law gives deepfake victims a right to sue—and recover $150K

What it does

This bill creates a federal civil right of action for people depicted in non-consensual intimate deepfakes and non-consensual intimate images. Victims can sue creators, distributors, or those who solicit such content in federal court and recover liquidated damages of $150,000–$250,000 (higher if the conduct relates to sexual assault, stalking, or harassment), actual damages, attorney fees, and injunctive relief to remove the content. The bill amends existing law to define 'intimate digital forgery' and 'identifiable individual,' extends protections to minors and deceased persons through guardians, and provides a 10-year statute of limitations.

Why we flagged it

The bill's operative mechanism is a federal civil cause of action for victims of image-based sexual abuse. It creates substantive rights and remedies, not a commemorative or procedural measure. The functional purpose is to protect individuals from non-consensual intimate imagery.

What the text implies

• The bill's definition of 'intimate digital forgery' requires that the forgery be 'indistinguishable from an authentic visual depiction when viewed as a whole by a reasonable person'—a high bar that may exclude crude or obviously fake deepfakes, potentially narrowing the class of actionable conduct.
• Liquidated damages are fixed at $150,000–$250,000 regardless of actual harm; this may overcompensate minor violations but undercompensate severe cases, creating unpredictable settlement leverage.

The full analysis lists 5 implications of this text.

Who it affects

Ordinary people gain a concrete federal remedy against a serious form of sexual abuse that causes documented psychological harm, loss of privacy, and social isolation. The bill creates enforceable rights without restricting citizens' speech or other protections; it targets non-consensual sexual imagery, a narrow and harmful category.