The New South Wales (NSW) Parliament is set to enhance the fight against deepfake imagery with the introduction of new legislation that criminalises sexually explicit images generated by Artificial Intelligence (AI). This update extends existing laws that already prohibit the creation and distribution of intimate images without consent, now encompassing those manipulated by AI technology.
Under the new laws, it remains an offence to record or disseminate intimate images of individuals without their consent, including digitally altered versions. Furthermore, the production of sexually explicit deepfakes that depict real, identifiable individuals will be punishable by a maximum of three years in jail. Sharing or threatening to share such content, regardless of whether the individual was involved in its creation, will also attract similar penalties.
Additional provisions will make it unlawful to create, record, or distribute sexually explicit audio clips that are either real or fabricated to resemble identifiable persons. This legislative move is in line with other jurisdictions that have already made non-consensual creation and distribution of sexually explicit media illegal, regardless of the method employed.
Attorney General Michael Daley emphasised the need for legislative updates to align with technological advancements to safeguard individuals, particularly young women, from instances of image-based abuse. He stated that this bill aims to eliminate gaps in existing NSW legislation that leave women exposed to AI-generated sexual exploitation. The focus is on ensuring that perpetrators who use AI to humiliate, intimidate, or degrade individuals can be prosecuted effectively.
This proactive approach reflects an increasing recognition of the potential dangers posed by emerging technologies in the digital landscape, as the NSW government aims to provide better protection against the misuse of AI in creating malicious content.