The rise of AI-generated deepfake pornography has cast a shadow over digital spaces. Anyone's likeness can be manipulated into explicit scenes, disseminated with the click of a button, and is virtually impossible to erase.
In a landmark move, Australia has criminalized the creation and distribution of sexually explicit deepfakes, embedding a key measure within a broader framework of online safety reforms.
Unlike traditional forms of non-consensual pornography, deepfakes can fabricate new realities, blurring the lines between fiction and reality. The harms are concerning: victims suffer emotional and psychological distress and face extortion.
Once a deepfake is online, its removal becomes very difficult, compounding the victim's trauma.
Impact Of The Criminal Code Amendment
In response to the growing problem, the Australian government has enacted the Criminal Code Amendment (Deepfake Sexual Material) Bill 2024.
This legislation explicitly criminalizes the creation and distribution of "deepfake sexual material," defined as digitally altered content that depicts a person engaging in sexual activity without their consent.
Offenders face significant penalties, underscoring the severity of these crimes. The government's rationale is clear: to protect individuals from the harm inflicted by this invasive technology and to establish a clear legal deterrent. This federal law aims to protect individuals across every state and territory.
"These new criminal laws send a clear message that the creation and distribution of sexually explicit deepfakes is illegal and will not be tolerated," stated a representative from the Attorney-General’s office, highlighting the government’s commitment to safeguarding its citizens.
Welcome Online Safety Initiatives
Legal experts and advocacy groups have largely welcomed the new laws. The Law Council of Australia, for example, acknowledged the necessity of addressing this emerging form of harm. However, concerns remain about the practical challenges of implementation and enforcement.
Distinguishing between genuine content and sophisticated deepfakes requires advanced technical expertise, and law enforcement agencies will need to develop specialized capabilities.
Furthermore, the global nature of the internet necessitates international cooperation to effectively combat the spread of deepfake pornography. While the legislation is a step forward, its success will depend on robust enforcement and ongoing collaboration with technology companies and international partners.
Challenges Of Enforcement
The practicalities of enforcement present hurdles. Identifying and prosecuting offenders requires digital forensics and a deep understanding of AI technology.
Law enforcement agencies will need to invest in training and resources to keep pace with the evolving tactics of deepfake creators.
Moreover, the ease with which deepfakes can be shared across borders underscores the need for international cooperation. Australia must work with other nations to establish consistent legal frameworks and facilitate the exchange of information and expertise.
-
Australia’s new law sends a clear message: using AI to degrade or exploit someone is unacceptable and now unequivocally illegal. Clarity strongly supports such measures which provide a critical enforcement tool to back up the technical defenses we deploy.
