What is deepfake litigation?

Deepfake litigation involves civil and criminal claims brought by victims of AI-generated non-consensual images, voice clones, or synthetic media. Federal law now criminalizes the publication of such content under the Take It Down Act. The DEFIANCE Act, which passed the Senate unanimously in January 2026 and is pending in the House, would establish a federal civil right of action with statutory damages of up to $250,000 per victim.

Can I sue someone for creating a deepfake of me?

Yes. Federal law criminalizes the knowing publication of non-consensual intimate deepfakes under the Take It Down Act. The Senate-passed DEFIANCE Act, currently pending in the House, would provide a federal civil right of action. Massachusetts law provides civil remedies under the Privacy Act, Chapter 93A, and common law torts including intentional infliction of emotional distress and defamation.

What is the Take It Down Act?

The Take It Down Act, signed into law in May 2025, criminalizes the knowing publication of non-consensual intimate images, including AI-generated deepfakes. It requires covered platforms to remove reported content within 48 hours and, since May 19, 2026, to maintain formal notice-and-takedown processes. Penalties include up to two years imprisonment for adult victims and three years for minors.

What damages can I recover in a deepfake lawsuit?

Under the DEFIANCE Act, which passed the Senate unanimously in January 2026 and is pending House passage, victims would be able to recover statutory damages of $150,000 per violation, or $250,000 where the conduct is linked to sexual assault, stalking, or harassment. Massachusetts law provides remedies including actual damages, double or treble damages under Chapter 93A for willful or knowing violations, damages for emotional distress, and injunctive relief requiring removal of the content.

Can I sue a platform for hosting a deepfake?

Platforms that host user-generated content have been required to comply with the Take It Down Act's takedown obligations since May 19, 2026. Failure to remove reported non-consensual content within 48 hours constitutes a violation of the FTC Act. Victims may also pursue claims under Massachusetts Chapter 93A against platforms that fail to remove or that monetize non-consensual content.

What should I do if I discover a deepfake of myself?

Preserve evidence immediately by taking screenshots with URLs, dates, and platform information. Submit takedown requests to the hosting platform. File a report with law enforcement. Document all emotional, reputational, and financial harm. Consult an attorney to evaluate criminal referrals and civil claims before evidence is removed or altered.

Deepfake & AI Image Litigation

When Al is used to create, distribute, or host non-consensual intimate images, voice clones, or synthetic media of real individuals, victims may pursue criminal referrals and civil claims.

The first federal conviction under the Take It Down Act was issued in April 2026, involving AI-generated non-consensual images of adults and minors. 1

Federal Legal Framework

The Take It Down Act, signed into law in May 2025, criminalizes the knowing publication of non-consensual intimate images, including AI-generated deepfakes, with penalties of up to two years imprisonment for adult victims and three years for minors. The Act requires covered platforms to remove reported material within 48 hours and, since May 19, 2026, to maintain formal notice-and-takedown processes. The DEFIANCE Act passed the Senate by unanimous consent in January 2026 and is currently pending in the House of Representatives. If enacted, the Act would establish a federal civil right of action allowing victims to sue creators, distributors, and knowing hosts of non-consensual sexually explicit deepfakes, with statutory damages of $150,000 per violation, increasing to $250,000 in cases involving aggravating circumstances.

Overview

We represent victims across Massachusetts of AI-generated non-consensual images, voice clones, and synthetic media, pursuing civil remedies against the creators, distributors, and platforms responsible.

The DEFIANCE Act, which passed the Senate unanimously in January 2026 and is pending House passage, would provide statutory damages of $150,000 to $250,000 per victim for non-consensual sexually explicit deepfakes. 2

Massachusetts and State Claims

Massachusetts provides independent grounds for civil recovery through multiple causes of action: invasion of privacy under the Massachusetts Privacy Act, which prohibits unreasonable intrusion upon a person’s seclusion or likeness, Chapter 93A claims where the creation or distribution of deepfakes constitutes an unfair or deceptive practice, intentional infliction of emotional distress, defamation where the synthetic media conveys false statements of fact, and, where applicable, state civil rights claims. As of early 2026, 47 states have enacted deepfake legislation, creating an expanding network of state-level civil and criminal remedies that may apply depending on where the content was created, distributed, or viewed.

Types of Deepfake Claims

Claims arise across a range of harmful conduct: non-consensual intimate images generated by AI tools using a victim’s likeness, voice cloning and synthetic audio used for fraud, impersonation, or harassment, deepfake video distributed on social media or messaging platforms, AI-generated child sexual abuse material, corporate or employment-related deepfakes used for reputational harm or coercion, and platform liability where hosting services fail to comply with takedown obligations under the Take It Down Act.

Preserving digital evidence immediately after discovery is critical to successful deepfake litigation.

Platform Accountability

Covered platforms that host user-generated content have been required to comply with the Take It Down Act’s notice-and-takedown requirements since May 19, 2026. Failure to implement a compliant process or to remove reported material within 48 hours constitutes a violation of the FTC Act. Victims may also pursue claims directly against platforms under Massachusetts Chapter 93A where the platform’s conduct in failing to remove or in monetizing non-consensual content constitutes an unfair or deceptive practice.

What to Bring to a Consultation

Relevant materials may include screenshots or archived copies of the non-consensual content (with URL, date, and platform information), takedown requests submitted to platforms and any responses received, evidence identifying the creator or distributor of the content, communications related to the creation or distribution of the deepfake, records of emotional, reputational, or financial harm, and any law enforcement reports or referrals. Not all victims will have documentation. The absence of records does not preclude a viable claim. Many cases rely on digital forensics, platform records obtained through discovery, and metadata analysis. Deepfake claims in Massachusetts may involve parallel sexual abuse litigation theories, data privacy violations, civil rights protections, and Chapter 93A consumer protection claims against platforms and individuals.

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