The rise of artificial intelligence has made it easy to create hyper-realistic “deepfakes”, which are digitally manipulated videos or images that place someone’s face onto another person’s body. While some uses are harmless, the creation of deepfake pornography without consent is a growing legal and ethical concern. These synthetic sexual images can cause severe emotional harm, reputational damage, and complex legal consequences.

This article will explain how NSW laws address deepfake pornography, outlining the rights of victims and the potential criminal liability for accused individuals under evolving image-based abuse and online safety legislation.

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What Is Deepfake Pornography?

Definition and Technology Behind It

Deepfakes use artificial intelligence and machine learning, particularly “deep learning” algorithms, to create highly realistic videos or images that mimic a real person’s face, voice, or body. By training on large datasets of photos or videos, AI tools can convincingly superimpose one person’s likeness onto another’s body, often without their knowledge or consent. When used to produce non-consensual sexual or explicit content, this becomes deepfake pornography. Although the depicted acts never occurred, the resulting media can appear authentic, making it difficult to differentiate between reality and fabrication.

Why It’s Legally Complex

Deepfake pornography presents a unique legal challenge because the images may not show a person’s real body or any actual sexual activity, yet the harm is undeniably real. Victims experience invasion of privacy, humiliation, and loss of control over their image. However, NSW’s current laws were drafted before the rise of synthetic media, creating grey areas around consent, defamation, and image-based abuse. Prosecuting offenders can be difficult as proving intent, authorship, or distribution is often complex, especially when deepfakes are anonymously shared or hosted on overseas platforms.

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Is Deepfake Porn Illegal in Australia?

Current Federal and NSW Laws

Deepfake pornography is a criminal offence under both Commonwealth law. Amendments have been made under section 474.17 of the Criminal Code Amendment (Deepfake Sexual Material) Act 2025. It is illegal to use a carriage service to transmit sexual material without consent. This includes content created or altered by AI, even if the depicted sexual activity never actually occurred.

New Laws Targeting Deepfake Abuse

In response to growing misuse of AI tools, Australia have enacted specific deepfake legislation to strengthen image-based abuse protections. The Criminal Code Amendment (Deepfake Sexual Material) Act 2024 makes it a criminal offence to share synthetic sexual content without consent, carrying penalties of up to six years’ imprisonment for aggravated cases.

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In NSW, it is now a crime to create, share or threaten to share deepfake sexual material without consent, even if the content is fake.

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How Are Other States and Territories Responding?

Other states and territories are also moving to criminalise deepfake pornography, though progress varies. Victoria has expanded its image-based abuse laws to capture AI-generated content, while Queensland and South Australia are developing similar reforms to close legislative gaps. Some jurisdictions already rely on broader “intimate image” offences, which prosecutors can apply to deepfakes even without explicit mention of synthetic media. However, the pace of reform remains uneven, prompting calls for a uniform national approach. Federal amendments are making sure that non-consensual deepfake pornography is treated as serious image-based abuse across Australia.

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What Are the Penalties for Deepfake Pornography?

Creating or sharing deepfake pornography without consent is a serious criminal offence under federal law.

Under s 474.17A of the Criminal Code 1995 (Cth), using a carriage service (such as the internet or social media) to transmit sexual material, including AI-generated or altered content, without consent carries a maximum penalty of 6 years’ imprisonment. Aggravated offences under s 474.17AA, such as when the offender created or edited the material or has prior civil penalty orders under the Online Safety Act 2021, attract up to 7 years’ imprisonment.

Depending on the conduct, offenders may also face criminal conviction, registration as a sex offender, and long-term reputational consequences. Penalties vary across states but consistently reflect the seriousness of non-consensual synthetic sexual abuse.

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Do Victims Have Legal Protection?

The Online Safety Act 2021 (Cth) allows the eSafety Commissioner to issue content removal notices and require websites or social media platforms to take down non-consensual intimate or synthetic material. Victims may also pursue civil remedies, such as compensation for emotional distress. In NSW, police or courts can issue Apprehended Violence Orders (AVOs) in serious cases involving threats, stalking, or ongoing harassment. Together, these measures aim to provide relief and reinforce the right to privacy and consent in the digital age.

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What If You're Accused of Creating or Sharing Deepfakes?

Being accused of producing or sharing deepfake pornography is a serious matter that can lead to criminal charges and long-term reputational harm. It’s essential to seek immediate legal advice before speaking to the police or responding to allegations. A criminal defence lawyer can assess the evidence, advise on your rights, and identify possible defences, such as lack of intent, mistaken identity, or that the material was never transmitted or shared. In some cases, the content may not meet the legal definition of “sexual material” under the Criminal Code. Early legal representation is key to protecting your reputation and future.

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Need Advice on a Deepfake Pornography Matter?

Deepfake pornography laws are rapidly evolving, and navigating them without expert guidance can be overwhelming. Whether you’ve been accused of creating or sharing deepfake material, or you’re a victim seeking protection and content removal, it’s crucial to get early legal advice. A timely response can prevent charges, reduce penalties, or help secure urgent eSafety intervention.

At Faraj Defence Lawyers, we stay ahead of emerging criminal law reforms, including deepfake and image-based abuse offences. Our experienced team of criminal defence lawyers provides clear, strategic advice tailored to your situation. If you’re facing an investigation or your likeness has been misused online, contact Faraj Defence Lawyers today for confidential legal advice or an urgent case review. We’re here to protect your rights, your reputation, and your future.

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Frequently Asked Questions About Deepfake Pornography Laws in Australia

Can I be charged if I didn’t create the deepfake but shared it?

Yes, under Commonwealth law, a person can still face criminal charges even if they did not create the deepfake but shared, posted, or transmitted it without consent. The Criminal Code 1995 (Cth) makes it an offence to distribute or make available intimate or synthetic sexual material of another person without their permission. This includes reposting or forwarding content, regardless of intent. Penalties can include imprisonment, fines, and a criminal record. Always seek legal advice before responding to allegations or if you’re contacted by police about such material.

Does it matter if the deepfake is clearly fake?

Not necessarily, even if the image or video is obviously fabricated, the law still recognises the harm and humiliation caused by non-consensual synthetic sexual content. The Criminal Code Amendment (Deepfake Sexual Material) Act 2024 explicitly states that it is irrelevant whether the material has been created or altered using technology. What matters is whether it depicts a person in a sexual way without their consent. Courts treat these cases seriously, as the reputational and emotional damage to victims can be just as severe as that caused by real intimate images.

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