United States of America: Bill establishing civil liability for non-consensual digitised sexually explicit material (Deepfake Pornography/AB 621) enters into force

On 1 January 2026, Assembly Bill 621 on Deepfake Pornography enters into force in accordance with the standard California legislative calendar for non-urgency statutes. The Act, codified under Chapter 673 of the Statutes of 2025, amends Section 1708.86 of the Civil Code to establish a civil cause of action for individuals depicted in digitised sexually explicit material created or shared without consent. It extends liability to persons knowingly facilitating or recklessly aiding or abetting such conduct. The law defines “digitised sexually explicit material” and “deepfake pornography service” to include images and audiovisual works generated or altered through digital means. It sets statutory damages between USD 1’500 and USD 50’000, or up to USD 250’000 for malicious acts, and authorises public prosecutors to pursue civil penalties of USD 25’000 to USD 50’000 per violation, while maintaining exemptions for constitutionally protected conduct and content-transmission intermediaries.