The DEFIANCE Act Shows How to Govern AI Without Overreach, Says ITIF

WASHINGTON—Following the Senate's passing of the Disrupt Explicit Forged Images and Non-Consensual Edits (DEFIANCE) Act, the Information Technology and Innovation Foundation (ITIF), the leading think tank for science and technology policy, issued the following statement from Senior Policy Manager Ash Johnson:

Nonconsensual deepfakes can wreak devastating personal, professional, and psychological effects on victims’ lives, with few meaningful paths to justice. This legislation sends a clear message: The people who create and knowingly spread these violations are responsible for the damage they cause.

The DEFIANCE Act would bring victims of nonconsensual, sexually-explicit deepfakes justice without undermining Section 230, the legal foundation of the Internet. Rather than shifting liability onto platforms or other intermediaries, the bill targets bad actors directly—those who intentionally exploit new technologies to harass, coerce, and defame. By preserving intermediary liability protections, the legislation avoids chilling lawful speech or innovation, while still addressing one of the most harmful abuses of generative AI.

In passing the DEFIANCE Act, especially on the heels of the TAKE IT DOWN Act becoming law, the Senate is taking the right approach to addressing online harms. Congress should continue to prioritize legislation that targets specific online harms while safeguarding the free and open Internet by ensuring platforms are not forced into the role of speech police.

Contact: Nicole Hinojosa, [email protected]