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Crimes Amendment (Deepfake Sexual Material) Bill 2025

Published on: August 2025

Record: HANSARD-1323879322-156187

Crimes Amendment (Deepfake Sexual Material) Bill 2025

First Reading

Bill introduced on motion by Ms Felicity Wilson, read a first time and printed.

Second Reading Speech

Ms FELICITY WILSON (North Shore) (11:17:03):

I move:

That this bill be now read a second time.

The Opposition is pleased to introduce the Crimes Amendment (Deepfake Sexual Material) Bill 2025. The bill will address an issue that is rapidly escalating and poses a severe threat to the dignity, privacy and safety of individuals, particularly women, in our society. That issue is the rise of sexually explicit deepfakes. In recent years we have seen the emergence of technologies capable of producing hyper‑realistic images and videos that manipulate the likeness of individuals in ways that can be deeply harmful and violate their rights. One such technology, known as a deepfake, has been increasingly weaponised to create sexually explicit content without the consent of the individuals featured.

This alarming trend is not a distant problem affecting only a few. It is happening in our schools, workplaces and communities right across New South Wales. Women—students, teachers, workers and everyday Australians—are being digitally violated on a scale that is both terrifying and unacceptable. We regularly hear of children who are exploited with intimate images, and of the loss of life and the mental health harms that occur due to that. The purpose of the bill is to modernise the legal framework on the creation and distribution of intimate images to reflect the changes in technology that have seen the rise of generative Al to create sexually explicit materials, including images, video, audio and text. This bill is not just a legal measure; it is a necessary step towards protecting the rights and dignity of all people, particularly women, who are disproportionately targeted by this malicious form of abuse.

The bill makes a range of amendments to the Crimes Act 1900 which add to the reforms made through the Crimes Amendment (Intimate Images) Act 2017. The effect of the bill is to ensure that the protections for victim‑survivors—and the penalties for perpetrators—for genuine intimate images will now also cover images, audio or text that have been generated or altered. The bill will ensure that the use, distribution or threat to distribute real intimate images and sexually explicit deepfake images, text and audio will be punishable by a maximum sentence of three years in jail and an $11,000 fine. The court's take-down powers will also apply to sexually explicit deepfakes so that it can order offenders to take reasonable steps to destroy these images and help prevent intimate images being republished. The Director of Public Prosecutions will still be required to approve prosecutions against children under 18.

To understand the urgency of the matter, let us examine what a deepfake is and how it operates. A deepfake is a type of synthetic media created using artificial intelligence technologies, such as machine learning algorithms and neural networks. These algorithms allow individuals to superimpose the likeness of someone else onto a video or image. While the technology can be used for legitimate purposes, such as in film or entertainment, it has been increasingly misused for harmful and malicious intent. As we know from the eSafety Commissioner, the rise of things like "nudify" apps make it accessible and easy for people to do within minutes from the palm of their hand. Sexually explicit deepfakes are videos or images in which a person's likeness is inserted into explicit sexual content, often without their knowledge or consent.

The consequences for the victim are profound. Victims of deepfake abuse often experience severe emotional distress, social stigma, reputational damage and, in some cases, lasting psychological trauma. Women, in particular, are disproportionately affected by this form of abuse. According to the eSafety Commissioner, 98 per cent of deepfakes are sexually explicit and 99 per cent of the victims of sexually explicit deepfakes are women. That statistic highlights the growing reality that deepfake technology is being used as a tool of gendered harassment and exploitation. Women are targeted, in part, because the societal tendency to objectify women has given rise to an environment where such abuse is not only common but, tragically, accepted. It is a form of abuse, plain and simple.

Let us take a moment to consider the profound and far-reaching consequences for women who are targeted by sexually explicit deepfakes. Women who find themselves victims of this abuse are often forced into a position of victim blaming, where the burden of proof falls on them to demonstrate that they did not willingly participate in the creation of the content. This unjust dynamic further entrenches the social stigma associated with sexual harassment, especially when the victim's reputation is tarnished by a digital lie that is virtually impossible to refute. The harm is not only emotional or psychological; it can also have tangible impacts on the victim's career, personal relationships and even physical safety. As more of these deepfakes circulate across social media platforms, the risk of face-to-face harm increases.

The intimate nature of these violations makes it harder for victims to escape the trauma, as they are often subjected to repeated exposure to their abuse. Furthermore, in many cases, once a deepfake is online, it becomes nearly impossible to fully remove, amplifying the harm in ways that traditional forms of abuse do not. Despite the serious consequences, current laws in New South Wales do not adequately address the creation and distribution of sexually explicit deepfakes. The existing legal framework focuses on image-based abuse, which includes the non-consensual sharing of intimate images. However, deepfakes are not always captured images or videos; they can be digitally fabricated. This grey area in the law makes it difficult for victims to seek redress through traditional legal means.

I am introducing this bill because the New South Wales Liberals and Nationals believe the law should reflect the scale of harm that these digital assaults cause. Victims of sexually explicit deepfakes experience devastating emotional tolls: trauma, fear, humiliation and irreparable reputational damage. This is not something that can be undone by simply removing a video or image from the internet—though that needs to occur. Once these deepfakes are out there, they live on forever. Too often, victims are left without recourse. Let me be clear: If someone digitally fakes a person's body to degrade, control or exploit them, they are violating that person's dignity and autonomy. If it is not their body, it is not their right. That principle must be embedded into our laws in New South Wales, and this legislation will do just that.

I turn now to the detail of the bill. The bill will amend the current offences within part 3, division 15C of the Crimes Act 1900, particularly the definition of "intimate image" in section 91N, amending the definition of "image" to include images that are still or moving and genuine, altered or generated. The bill also creates a definition of "intimate material", which includes an intimate image, sexually explicit deepfake audio and sexually explicit deepfake text, and defines sexually explicit deepfake audio and sexually explicit deepfake text. References to "record intimate image" will be replaced with "produce intimate material", with the definition of "produce" including the capture, creation or alteration of that intimate material.

This bill builds on the reforms of the previous Liberal-Nationals Government in 2017 when it passed legislation to criminalise what was then known as "revenge pornography", which is the recording, distribution or threat to do so of intimate images. I acknowledge the Opposition leader, who was then Attorney General, and Minister for the Prevention of Domestic and Sexual Violence, for his work on those reforms and his leadership on this reform. I also acknowledge the work of the shadow Attorney General on this piece of legislation and the insights he has shared to ensure the bill is robust. I acknowledge that it was subsequent to the Opposition announcing these reforms that the Government took the step to introduce its own bill to this place. The Opposition welcomes the Government's steps and its legislation. We support action in this space, and will review the legislation before the House and ensure that we can work together to reflect the needs of people. Where there are components of our legislation and the Government's legislation that can work together, we will ensure that we get the best legislation for the people of New South Wales.

I thank and acknowledge all the brave victim-survivors who have shared their stories, particularly in the media and with us as members of Parliament, and the organisations that have been advocating for and working towards these reforms. There are a range of organisations across our community. Broadly, these often represent domestic violence victim-survivors because of the use of intimate images and deepfakes in abuse situations and for power and control, particularly over women. They often reflect the roles, responsibilities and needs of children and their parents, with organisations like Kids Helpline advocating for the outcomes of children who are being abused within the school environment, the online environment and across social settings. They also want to protect and empower students and children to understand the way in which they engage with this material and how to engage safely in online and digital realms.

The rise of sexually explicit deepfakes represents a significant challenge to the privacy, dignity and safety of individuals in our digital age. We know that we need to be empowered to use technology, but we also need guardrails to ensure that it is done safely and appropriately. Abuse using this technology is a clear violation of personal rights, and the legal system must evolve to meet this challenge head-on. This legislation will criminalise the creation, distribution and threats to distribute sexually explicit deepfakes, including images, audio and text—an expansion of the current legislation. It will empower victims to seek justice, impose serious criminal penalties on perpetrators and provide for the removal of material from online platforms. Most importantly, it will make clear that digital abuse is real abuse, and that those who engage in it will be held accountable.

This is not just a legal reform; it is a duty of this House. Our law must send a message that no-one, especially women, should ever be violated by the use of technology. This is a serious issue, and the law must reflect the severity of the harm. We cannot afford to wait any longer. Together, we can protect our communities, restore dignity to those who have been harmed and ensure that every individual has the right to exist in the digital world without fear of exploitation or abuse. This legislation will provide real protections for people across this State, particularly the women who are most harmed. It will send a clear message: If you abuse someone with a deepfake, you will face serious consequences. There are no more excuses and no more loopholes. I commend the bill to the House.

Debate adjourned.