The Queensland Government is moving to criminalise the creation of non-consensual deep fake sexually-explicit images.
Attorney -General Deb Frecklington said the reforms would prioritise victims’ rights to privacy, dignity and autonomy.
The new laws would also protect students and teachers from AI-generated content that is being used to cyber-bully them.
“Advances in technology, particularly artificial intelligence (AI), have made it easier than ever to create hyper-realistic images and videos that falsely depict real people,” Ms Frecklington said.
“Highly accessible AI tools can now generate sexually explicit content without a person’s knowledge or consent – a growing concern in Queensland schools.”
Ms Frecklington said a loophole in the current laws had allowed perpetrators to evade accountability.
The new laws will make it illegal to “capture intimate images that are digitally altered or created entirely using digital technology, such as through image-editing software, AI-generated images or ‘nudify’ applications”.
This will include images of simulated or digitally generated people that closely resemble, or purport to be, an identifiable real person.
The new offences will carry a proposed maximum penalty of three years imprisonment.
Ms Frecklington said technology was evolving rapidly and was being used in ways that harmed people.
“This is for the women who have had their images weaponised against them, the teachers who have been the subject of heinous cyber-bullying, and for every victim who was told the law couldn’t help – because now we are changing that,” she said.
“For too long, offenders have been able to exploit a loophole in the law to create harmful and exploitative content without facing the full consequences. We are closing that loophole.
“Creating intimate images of someone without their consent is a serious invasion of privacy. It can cause deep emotional distress and lasting reputational harm.”
The final legislation will be developed after “targeted consultation” with stakeholders across the education, legal, sexual violence and online safety sectors.
