The Australian Attorney-General Mark Dreyfus has introduced the Criminal Code Amendment (Deepfake Sexual Material) Bill 2024 to the parliament, aiming to criminalise the distribution of sexually explicit deepfake content. Both Dreyfus and Prime Minister Anthony Albanese described such non-consensual materials as a “damaging and deeply distressing form of abuse,” calling for significant criminal penalties to counter the spread of such content.
The proposed legislation stipulates a prison term of up to six years for those found guilty of sharing non-consensual sexually explicit deepfake content. Additionally, the bill outlines two aggravated offenses: one targeting repeat offenders and the other focusing on individuals responsible for creating these deepfakes. Each of these aggravated offenses could attract sentences of up to seven years imprisonment. Notably, the bill will apply exclusively to sexually explicit material featuring adults, while material involving children will continue to be prosecuted under separate existing laws.
Dreyfus addressed some of the challenges in identifying and prosecuting offenders during an interview on local radio, highlighting the anonymity often associated with social media. Nonetheless, he assured that advances in tracing technologies could aid detection and prosecution, validating the necessity of legislating against these reprehensible actions.
In parallel to the new bill, the Australian government also pledges to bolster funding for the eSafety Commissioner and address issues such as doxxing. The government also plans to revise the country’s Privacy Act to grant Australians greater control over their personal data, focusing particularly on helping women suffering from domestic abuse.
Discussion of this legislative initiative initially began in May when federal leaders convened to address Australia’s escalating gendered violence crisis, as reported by ABC News. Prime Minister Albanese emphasized that the legislative measures aim to “keep women safe” amid a sharp increase in pornographic deepfakes targeting women. A 2023 report from social media analytics firm Graphika indicated a staggering 2000% rise in websites generating non-consensual sexual images through artificial intelligence.
The federal government has committed $1 billion towards tackling this issue, demonstrating a clear and substantial effort to mitigate the harms posed by non-consensual sexually explicit deepfake content.
For further details, read the full announcement from JURIST here.