United States of America: Bill establishing civil liability for non-consensual digitised sexually explicit material (Deepfake Pornography/AB 621) was adopted by California Legislature

On 10 September 2025, the Bill establishing civil liability for non-consensual digitised sexually explicit material (Deepfake Pornography/AB 621) was adopted by the California Legislature following Assembly concurrence in Senate amendments and transmitted for engrossing and enrolling. The Bill amends Section 1708.86 of the Civil Code to establish a civil cause of action for depicted individuals against persons who create, disclose, or distribute digitised sexually explicit material without consent, including those who knowingly facilitate or recklessly aid or abet such activity. It defines “digitised sexually explicit material” and “deepfake pornography service” to include digital or audiovisual reproductions produced through realistic simulation, specifies statutory damages of USD 1’500 to USD 50’000 or up to USD 250’000 for malicious acts, and empowers public prosecutors to pursue civil penalties of USD 25’000 to USD 50’000 per violation. It confirms exclusions for legitimate public interest and constitutionally protected content, and limits internet service provider liability to exclude passive transmission of third-party material.