DEFIANCE Act Compliance

Protect your organization from liability under the Disrupt Explicit Forged Images and Non-Consensual Edits Act

The DEFIANCE Act of 2024

The DEFIANCE Act creates a federal civil cause of action for victims of non-consensual intimate deepfakes, establishing significant liability for platforms, distributors, and creators of synthetic intimate content.

Organizations handling user-generated content, social platforms, and communication services face unprecedented liability risks. AuthMark provides the technical infrastructure to detect, prevent, and document synthetic content before it creates legal exposure.

Key Legal Provisions

Federal Civil Right of Action

Victims can pursue federal civil remedies against anyone who knowingly produces, distributes, or solicits non-consensual intimate deepfakes.

Liability Risk: Platforms hosting deepfake content face direct legal action from victims with statutory damages.

Platform & Service Provider Liability

Online platforms, apps, and services can be held liable for hosting or distributing non-consensual intimate synthetic content.

AuthMark Solution: Real-time detection and blocking of synthetic content provides affirmative defense against liability claims.

Statutory & Punitive Damages

Victims can recover actual damages, statutory damages, punitive damages, attorneys' fees, and injunctive relief.

Financial Impact: Each violation can result in significant monetary damages plus legal costs and reputational harm.

Criminal Referral Provisions

Provides mechanisms for referring cases to criminal prosecutors for potential federal charges in severe cases.

Compliance Critical: Documented prevention efforts demonstrate good faith compliance and reduce criminal exposure.

Who Must Comply

Social Media Platforms

  • • Dating apps and services
  • • Social networking sites
  • • Messaging platforms
  • • Content sharing services
  • • Live streaming platforms

Must prevent upload and distribution of deepfakes

Content Platforms

  • • Adult content sites
  • • Video hosting services
  • • Image sharing platforms
  • • User-generated content sites
  • • Forum and community platforms

Highest risk category for DEFIANCE violations

Communication Services

  • • Email service providers
  • • Cloud storage services
  • • Workplace collaboration tools
  • • Educational platforms
  • • Telehealth services

Must prevent distribution through their networks

Compliance Requirements

Technical & Operational Requirements

Detection & Prevention

  • Real-time synthetic content detection
  • Upload filtering and blocking
  • Content authentication verification
  • Automated takedown systems

Documentation & Reporting

  • Audit trail of all detections
  • User reporting mechanisms
  • Compliance documentation
  • Legal hold capabilities

Failure to implement adequate safeguards creates direct liability exposure

Complete DEFIANCE Act Protection

Prevention Technology

  • Real-time deepfake detection at upload
  • Content authentication verification
  • Automatic blocking of synthetic content
  • Cross-platform detection network

Legal Protection

  • Documented compliance efforts
  • Court-admissible audit trails
  • Affirmative defense documentation
  • Expert witness support available

Protect Your Platform Today

The DEFIANCE Act creates unprecedented liability for platforms hosting deepfake content. Don't wait for your first lawsuit. Implement comprehensive protection now with AuthMark's proven technology.