The Albanese Labour Government recently passed the Criminal Code Amendment (Deepfake Sexual Material) Bill 2024. This legislation aims to address the issue of non-consensual sexually explicit deepfakes by implementing strict criminal penalties for those who create and distribute them. Australia enacted this legislation in June 2024 to address the issue of digital abuse and gender-based violence. The legislation focuses on individuals who misuse artificial intelligence to manipulate explicit content without obtaining consent. Now, offenders face harsh consequences, including potential imprisonment for up to six years for sharing such material and up to seven years for creating and sharing it. 

Strengthening deepfake penalties

The government has implemented new legislation to address the misuse of artificial intelligence and digital technologies in creating sexually explicit material without consent. Under these laws, the Commonwealth Criminal Code establishes specific criminal offences. The legislation defines deepfakes clearly, referring to content that digitally manipulates or fabricates individuals to inaccurately depict them in sexually explicit scenarios. 

Experts widely acknowledge these actions as a serious violation of personal privacy and a type of mistreatment that primarily impacts women and girls. These actions reinforce harmful gender stereotypes, thereby contributing to the broader problem of gender-based violence.

1. Offense for Distribution: The legislation intends to address the problem of distributing non-consensual, deepfake sexually explicit material by imposing penalties of up to six years imprisonment. The purpose of this provision is to address the harm caused by individuals who share explicit content without authorisation, with the goal of reducing the spread of digitally altered material.
2. Aggravated Offense for Creation and Distribution: Aggravated offences apply to those who create and disseminate deepfake content without consent. Considering this offence as exceptionally grave, it can result in a penalty of up to seven years imprisonment. Creating manipulated content that violates personal privacy and dignity reflects the gravity of the situation.
3. Strengthening Existing Offenses: The legislation strengthens the current Commonwealth Criminal Code offences, improving the legal framework to effectively tackle the specific difficulties presented by technologically driven abuse. This includes providing clear definitions and boundaries for offences related to the unauthorised sharing of explicit material, as well as implementing strong penalties for those who commit such acts.

Protecting against AI misuse

In response to the increasing concerns surrounding the misuse of deepfake technology in sexually explicit contexts, lawmakers have introduced these laws. The Minister for Communications stated, “Digitally created and altered sexually explicit material shared without consent is a damaging and deeply distressing form of abuse.” The legislation will address this contemporary threat by enacting robust legal measures. The Australian Human Rights Commission endorses the legislation, acknowledging its crucial role in protecting individuals from technology-facilitated abuse.

The government’s comprehensive approach to addressing gender-based violence and promoting online safety takes a crucial step with this legislative action. The additional funding for the eSafety Commissioner and the expedited review of the Online Safety Act enhance other initiatives. Furthermore, the government has pledged to address associated harmful practices, such as doxxing, and to strengthen privacy safeguards in the digital sphere.

The Criminal Code Amendment (Deepfake Sexual Material) Bill 2024 is a significant milestone in protecting Australians from the detrimental impact of non-consensual sexually explicit deepfakes. The legislation imposes harsh penalties, including up to seven years of imprisonment, on those who create and distribute harmful content, sending a strong message. The government demonstrates its commitment to tackling the misuse of artificial intelligence that perpetuates digital abuse. 

To effectively tackle the intricate realm of digital threats, we must incorporate legal measures like these into comprehensive digital strategies. Australia needs to take a proactive approach with the rapid advancement of technology, ensuring that it keeps its legal and strategic frameworks up to date with the ever-evolving risks. The government showcases a holistic approach to digital safety that goes beyond just quick legislative solutions by improving the Online Safety Act and providing additional funding for the eSafety Commissioner.

Editors Publicspectrum

Website | + posts

Public Spectrum is the first knowledge-sharing platform in Australia to embrace the entire public sector. This website is a platform where you can connect, collaborate, empower, inspire, and upskill with public sector professionals.

• DTA on advancing generative AI data trial
• Strengthening AI governance in the public sector
• Digital engineering framework advances data management
• GenAI enhances educational data management