Paris Hilton Is the Legal Voice We Need for Deepfake Concerns

I secretly enjoy reality TV, mostly because it gives me a perspective so far removed from my day-to-day work as a Washington, DC attorney. So imagine my surprise when I found myself nodding along to Paris Hilton’s impassioned plea on Capitol Hill last month.

Yes, that Paris Hilton, a businesswoman and DJ turned advocate, who once famously trademarked the phrase, “That’s hot.” Flanked by Reps. Alexandria Ocasio-Cortez (D-N.Y.) and Laurel Lee (R-Fla.), Hilton urged the House of Representatives to pass the DEFIANCE Act. When artificial intelligence can fabricate intimate horrors with a few clicks, this bipartisan bill is a smart, necessary shield against digital abuse.

Hilton’s testimony recounted the trauma of her leaked sex tape from two decades ago, calling it “abuse” that the internet amplified into relentless cruelty. AI deepfakes have supercharged that nightmare. More than 100,000 explicit images of Hilton circulated online without her consent, she said, fueling humiliation and fear. But Hilton isn’t alone; one in eight women and girls are experiencing the harms of AI-generated pornography, she noted, driving many women offline or out of public life altogether.

As a lawyer who has helped clients mitigate reputational crises, I recognize this as a modern epidemic. Deepfakes aren’t just pranks—they’re weapons that erode dignity, careers, and mental health. And in our hyper-connected era, they spread like wildfire, disproportionately targeting women and girls to silence or shame them.

Enter the DEFIANCE Act, or Disrupt Explicit Forged Images and Non-Consensual Edits Act. Passed unanimously by the Senate on Jan. 13, the bill empowers victims of nonconsensual sexually explicit deepfakes to sue creators, distributors, solicitors, and those who possess such material with intent to share.

Damages start at $150,000, with higher penalties when linked to assault, stalking, or harassment. The bill provides a civil remedy, not a criminal one, allowing survivors to control the process rather than the government and its overburdened prosecutors. The bill builds on the 2025 TAKE IT DOWN Act, which criminalizes distribution and mandates platforms to remove similarly sexually explicit deepfakes.

Together, the laws target bad actors without stifling innovation, successfully preserving Section 230’s civil immunity shield, which allows platforms to continue flourishing without implementing costly pre- or post-detection programs. These laws place liability squarely on the deepfake creator or possessor rather than over-policing platforms.

The benefits are profound. First, deterrence: The threat of a hefty lawsuit may give even the most reckless online troll pause before generating fake nudes of a colleague or ex. Second, meaningful justice: Instead of relying on fleeting public apologies from tech companies, victims gain access to real recourse—financial compensation and court orders to halt distribution. Third, the bill provides a federal shield against AI-fueled revenge porn, filling in the gaps in US state laws, which have a patchwork of inconsistent protections for victims.

As Hilton put it, “This isn’t about just technology. It’s about power.” She’s spot on: Deepfakes strip people of agency, but DEFIANCE helps restore it.

Compared to global approaches, the US bill shines for its balanced pragmatism. In the EU, the AI Act classifies deepfakes as “high-risk” AI, requiring transparency and risk assessments, while a 2024 directive mandates criminalizing nonconsensual deepfakes across member states. It’s comprehensive but bureaucratic, with broad mandates that could slow innovation.

The UK’s Online Safety Act goes further, criminalizing both creation and distribution of explicit deepfakes, with penalties including fines and up to two years in jail. Australia mirrors the UK with its Criminal Code Amendment, imposing sentences of up to six years for nonconsensual intimate deepfakes, emphasizing takedown notices.

South Korea’s law is even stricter, banning creation, possession, and consumption with up to three years in prison or hefty fines. China opts for total control: Its regulations require watermarking and prohibit all unauthorized deepfakes, reflecting a top-down regime.

These international models are aggressive, often prioritizing prevention through criminal penalties and top-down regulation. They may be effective in authoritarian or tightly regulated societies, but they would risk overreach if implemented in the US, where First Amendment concerns prevail.

DEFIANCE strikes a Goldilocks balance: It empowers individuals via civil courts, avoiding government overreach while deterring abuse. There are no mandatory AI labels or blanket bans, just accountability. This victim-centered approach aligns with America’s legal tradition, where civil litigation has long driven change—from tobacco settlements to #MeToo reckonings.

Critics might argue that the bill is reactive rather than proactive, akin to closing the barn door after the horse has bolted. But in a tech landscape evolving faster than lawmakers can type “AI,” overregulation could smother innovation. Deepfakes also have legitimate uses, including educational simulations, Hollywood effects, and political satire. DEFIANCE threads the needle by protecting the vulnerable without handcuffing creators.

Hilton is motivated by her 2-year-old daughter, vowing to “go to the ends of the earth” to protect her. The House should move swiftly. House Speaker Mike Johnson (R-La.) has voiced his support, and with bipartisan backing, it’s a much-needed solution.

In an era where reality bends at the whim of algorithms, DEFIANCE is more than legislation—it’s a stand against digital tyranny. And if it takes a reality star to spotlight that, well...that’s hot.

This article does not necessarily reflect the opinion of Bloomberg Industry Group, Inc., the publisher of Bloomberg Law, Bloomberg Tax, and Bloomberg Government, or its owners.

Author Information

Matthew Richardson is partner in Brown Rudnick’s cybersecurity & data privacy and digital commerce groups.

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