Three-year jail term for creating sexual deepfakes

Upset sad young female sitting at home with smartphone
Students will be better protected from explicit deep fake images under new laws. | Photo: iStock

Queenslanders who create sexually explicit AI-generated images of another person without their consent face three years jail under legislation introduced into State Parliament this week.

The laws would make the creation of non-consensual intimate images and audio material a specific criminal offence, regardless of whether the material was subsequently distributed.

The legislation covers images altered using digital technology as well as content created entirely through artificial intelligence, image-editing software and so-called “nudify” applications.

It would also cover digitally generated people who closely resemble, or purport to be, an identifiable real person.

The changes follow reports of AI-generated sexually explicit material being used to harass and cyber-bully students and teachers in Queensland schools.

The Queensland Government first announced plans for the legislation in April this year, identifying a gap in existing laws covering the creation of intimate deepfake material.

Queensland already has laws prohibiting the non-consensual distribution of intimate images, including digitally altered images.

The new legislation would extend criminal liability to the act of creating intimate images or audio without consent, rather than relying on offences associated with their distribution or threatened distribution.

Attorney-General Deb Frecklington said the reforms would provide greater protection for victims.

“Behind every deepfake image is a real person whose privacy, dignity and sense of safety has been violated. This legislation is for those victims, and for every Queenslander who deserves to be protected from this insidious form of abuse,” she said.

“Our hardworking teachers and students are on the frontline of this emerging threat, which is why we are taking action to criminalise this harmful conduct.”