Creating sexually explicit deepfakes becomes illegal in NSW

The NSW Government has passed a law making it illegal to create sexually explicit deepfake images of “real, identifiable” people.

It was already a criminal offence in NSW to create, send or digitally alter images of a person without their consent.

Now, the law extends to material “wholly created using AI,” as well as the non-consensual creation and distribution of “sexually explicit audio.”

Individuals found guilty under the new laws face penalties of up to three years in jail.

New legislation

The new legislation, introduced last month, expands existing laws to
criminalise the creation and sharing of sexually explicit deepfakes designed to look like an “identifiable” person, illegal.

Deepfakes are realistic, fabricated or manipulated videos and/or images. They are designed to mislead viewers and can be made using AI.

Last year, the eSafety Commissioner said there was “compelling and concerning data” suggesting the number of explicit deepfakes published online had increased by 550% a year since 2019.

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The legislation also criminalises the production and distribution of “sexually explicit audio” without consent. This applies to both digitally altered and generated recordings.

NSW Premier Chris Minns said the new law tackles what he called an “insidious form of abuse”.

“Those who seek to target women using this technology now face serious consequences,” Minns said.

The bill now needs to be signed into law by the Governor.

Comments

While the bill passed with bipartisan support on Thursday night, the Opposition called it “a start,” saying “more work needs to be done.”

Shadow Cabinet member Susan Carter said the fact that the legislation doesn’t cover fake texts was “a significant gap”.

“AI-generated text can cause harm and be used to coerce and intimidate. Without explicitly addressing that medium, the law does not fully capture the scope of digital abuse emerging with generative AI,” Carter said.