NSW Government Moves to Criminalise AI-Generated Sexual Deepfakes

The Minns Labor Government is introducing new laws to crack down on image-based abuse by outlawing the creation and sharing of sexually explicit deepfake content in New South Wales.

Under legislation to be introduced on Thursday, existing offences relating to the non-consensual production and distribution of intimate images will be expanded to include content created entirely by artificial intelligence.

While NSW law already criminalises the unauthorised recording, sharing or threatening to share altered intimate images, the proposed amendments to the Crimes Act 1900 will explicitly make it a crime to create sexually explicit deepfakes that depict a real, identifiable person. Offenders could face up to three years in prison.

The same penalties will apply to those who share or threaten to share such content, regardless of whether they were involved in its creation.

The legislation will also criminalise the creation and distribution of sexually explicit audio - including fake recordings - if they feature or imitate a real person without their consent.

These reforms bring NSW in line with other jurisdictions already targeting AI-driven image-based abuse. Existing laws covering child abuse material remain unchanged.

Attorney General Michael Daley said the reforms ensure the law keeps pace with evolving technology.

"The NSW Government recognises the law needs to keep up with technology and we are moving to better protect people, particularly young women, from image-based abuse," Mr Daley said.

"This bill closes a gap in NSW legislation that leaves women vulnerable to AI-generated sexual exploitation. We are ensuring that anyone who seeks to humiliate, intimidate or degrade someone using AI can be prosecuted."

Minister for Women and the Prevention of Domestic Violence and Sexual Assault Jodie Harrison said the changes will enhance safety across the state.

"This Government takes image-based abuse seriously, and these new laws will criminalise behaviour that is becoming more common with the use of AI," she said.

"We are making sure that deepfakes are not weaponised against women, by strengthening the protections afforded to them."

NSW Women's Safety Commissioner Hannah Tonkin warned of the serious harm caused by this form of abuse.

"Rapid developments in AI have made it easy to create extremely life-like, sexually explicit depictions of real people," she said.

"These images are humiliating, degrading, and can be widely shared or used for intimidation and extortion. It's vital the community understands this form of abuse will not be tolerated."

Full Stop Australia CEO Karen Bevan welcomed the reforms as a critical step forward.

"These changes catch up with the ways we know that AI is being harnessed to cause real life harm, particularly to women," she said.

"This is a strong message - sexual abuse and harassment is not acceptable in any form or on any platform."