The NSW Government is strengthening protections against image-based abuse by outlawing the creation and distribution of sexually explicit deepfakes.
Legislation will be introduced today to expand existing offences related to the production and distribution of intimate images without consent to cover those created entirely using artificial intelligence.
It is already a crime in NSW to record or distribute intimate images of a person without their consent or to threaten to do so. This includes intimate images that have been digitally altered.
The Crimes Act 1900 will be amended to make the production of a sexually explicit deepfake designed to be a genuine depiction of a real, identifiable person an offence punishable by up to three years’ jail.
“The NSW Government recognises the law needs to keep up with technology and we are moving to better protect people, particularly young women, from image-based abuse,” said Attorney-General, Michael Daley.
“This bill closes a gap in NSW legislation that leaves women vulnerable to AI-generated sexual exploitation.
“We are ensuring that anyone who seeks to humiliate, intimidate or degrade someone using AI can be prosecuted.”
Sharing or threatening to share such images, even if the person hasn’t created them, will also be a crime punishable by up to three years’ jail.
In addition to these new offences, the Government will criminalise the creation, recording and distribution of sexually explicit audio, whether real or designed to sound like a real, identifiable person.
“This Government takes image-based abuse seriously, and these new laws will criminalise behaviour that is becoming more common with the use of AI,” said Minister for Women and the Prevention of Domestic Violence and Sexual Assault, Jodie Harrison.
“We are making sure that deepfakes are not weaponised against women, by strengthening the protections afforded to them.”
“The devastating impacts of image-based abuse cannot be underestimated. Rapid developments in AI have made it easy to create extremely life-like, sexually explicit depictions of real people,” said NSW Women’s Safety Commissioner Hannah Tonkin.
“These images are humiliating and degrading in themselves, and they can be shared widely and used for intimidation or extortion.
“We know that women and girls are the main targets of deepfake images. This is terrifying technology, which can be weaponised to cause immense harm.
“It’s vital that the community understands that this form of abuse will not be tolerated – stronger legal protections help send this message.”
The amendments will bring NSW into line with other jurisdictions that have criminalised the non-consensual production and distribution of sexually explicit material involving adults regardless of how it is created.
It will not affect existing child abuse material offences that already criminalise the production, possession and dissemination of explicit material of a child.
Support: Anyone impacted by sexual violence can contact the NSW Sexual Violence Helpline 24/7 on 1800 424 017.
