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

On 13 February 2025, Assembly Bill 621 on Deepfake Pornography was introduced in the California Legislature during the 2025–2026 Regular Session, seeking to amend Section 1708.86 of the Civil Code relating to the internet. The bill establishes a civil cause of action for individuals depicted in digitised sexually explicit material created, disclosed, or distributed without consent, extending liability to persons who knowingly facilitate or recklessly aid or abet such conduct. It defines “digitised sexually explicit material” as any portion of a visual or audiovisual work created or substantially altered through digitisation, including images that portray a depicted individual in the nude or engaging in sexual conduct, and “deepfake pornography service” as an online service whose primary purpose is to create such material. The bill provides statutory damages ranging from USD 1’500 to USD 50’000, or up to USD 250’000 for malicious acts, and authorises public prosecutors to bring civil enforcement actions imposing penalties of USD 25’000 to USD 50’000 per violation. It further clarifies that internet service providers are not liable for the mere transmission or routing of third-party content and that the act does not apply to conduct protected under federal or constitutional law.