It is already a criminal offence in NSW to create, send or digitally alter images of a person without their consent.
If passed, the bill would also criminalise the creation and distribution of “sexually explicit audio,” whether it is real or generated to impersonate a specific person.
Existing legislation
The NSW Government passed a law in 2017 criminalising the non-consensual production and sharing of sexually explicit images.
It is also illegal to threaten to record or send these images without permission.
The maximum penalty for this offence is three years imprisonment.
New legislation
The new bill introduced on Thursday is aimed at criminalising the creation and sharing of sexually explicit deepfakes designed to look like an “identifiable” person illegal.
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Deepfakes are realistic fabricated or manipulated videos and/or images. They are designed to mislead viewers and can be made using AI.
The bill also says the production and distribution of “sexually explicit audio” without consent will be criminalised. This includes both real and digitally generated or altered recordings.
These new offences, if voted into law, will carry a sentence of three years imprisonment.
Comments
NSW Attorney-General Michael Daley said the bill “closes a gap… that leaves women vulnerable to AI-generated sexual exploitation.”
The NSW Coalition Opposition is supporting the Government’s bill.
Shadow Attorney General Alister Henskens said: “No one should have their image or voice used against them like this. If it’s not your body, not your voice, it’s not someone else’s right to control.”
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