The NSW Government has passed legislation strengthening protections against image-based abuse by outlawing the creation and sharing of sexually explicit deepfakes.
NSW Premier, Chris Minns said the Government has zero tolerance for image-based abuse, which is disproportionately targeted at women and girls and is the latest frontier in gender-based abuse.
“There is no place for gender-based abuse in NSW, and that includes through the use of deepfakes,” said Mr Minns.
“These are important changes to keep women safe from this insidious form of abuse.
“This legislation sends a clear message: those who seek to target women using this technology now face serious consequences.”
The reforms expand offences related to the production and distribution of intimate images without consent, including covering those created entirely using artificial intelligence.
The amendments to the Crimes Act 1900 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.
“We are making sure our laws keep pace with rapidly evolving technology and ensures women are better protected from all forms of AI-generated sexual exploitation,” said Attorney General Michael Daley.
“Non-consensual, sexually explicit deepfakes are a form of abuse disproportionately targeted at women and young girls.
“This bill ensures people who seek to objectify, intimidate or degrade women using AI can be prosecuted.”
Sharing or threatening to share such images, even if the person hasn’t created them, is also a crime punishable by up to three years’ jail.
In addition to these new offences, the Government has criminalised the non-consensual creation, recording and distribution of sexually explicit audio, whether real or designed to sound like a real, identifiable person.
The Crimes Amendment (Intimate Images and Audio Material) Bill 2025 passed the upper house late Thursday.
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 distributing photos that have been digitally altered, but not images wholly created using AI.
Existing court takedown powers will apply to these expanded offences.
The changes do not affect existing child abuse material offences that already criminalise the production, possession and dissemination of explicit material of a child.
“The passing of this bill is another way the Minns Labor Government is building a safer New South Wales for women and girls,” said Minister for Women and the Prevention of Domestic Violence and Sexual Assault, Jodie Harrison.
“These new laws build on and modernise the existing framework by strengthening and expanding current offences to protect women from exploitation through explicit deepfake material.
“I thank the many stakeholders, including Full Stop Australia and Domestic Violence NSW, who provided crucial feedback in the development of this bill.”
Support: Anyone impacted by sexual violence can contact the NSW Sexual Violence Helpline 24/7 on 1800 424 017.
