AI-Created Sexually Explicit ‘Deepfakes’ to Be Penalised With Jailtime in NSW

‘Sharing or threatening to share such images, even if the person hasn’t created them, will also be a crime ...’ says NSW Attorney-General Michael Daley.

An AI girl generator reflected between a computer screen and cell phone in Washington, DC, on Nov. 16, 2023. Stefani Reynolds/AFP via Getty Images

Creating, sharing or threating to reveal sexually explicit deepfakes in New South Wales (NSW) will become illegal under new laws introduced to the parliament.

Deepfake material includes videos, images and audio recordings that have been digitally manipulated including replacing someone’s face on another body or mimicking a person’s voice.

The NSW Labor government introduced the Crimes Amendment (Intimate Image and Audio Material) Bill 2025 (pdf) to state parliament on Aug. 7.

“The Crimes Act 1900 will be amended to make the production of a sexually explicit deepfake designed to be a genuine depiction of a real, identifiable person an offence punishable by up to three years’ jail,” the NSW government said.

“Sharing or threatening to share such images, even if the person hasn’t created them, will also be a crime punishable by up to three years’ jail.”

Speaking in parliament, NSW Attorney-General Michael Daley said the non-consensual development and sharing of deepfakes causes “embarrassment, ridicule, and distress.”

Daley said the harm could have psychological, physiological, professional, and socio-economic impacts.

“Threats to make such material public can also cause fear as a form of harassment, intimidation or coercion and control,” he told parliament (pdf).

Daley said the bill would criminalise three behaviours.

“Firstly, it will criminalise the creation of intimate image or audio material that is digitally generated and criminalise the alteration of material to be intimate image or audio material where such creation or alteration is done without the consent of the subject of the image,” he said.

He noted that current laws only criminalise the unlawful distribution of an already altered image.

“Secondly, it will criminalise the distribution of wholly digitally generated intimate image or audio material without the consent of the subject,” Daley added.

“Thirdly, it will criminalise threatening to engage in the behaviours I have just mentioned.”

Daley said the bill would also expand all offences to cover audio material.

After Daley introduced the legislation on Aug. 7, debate was adjourned.

Support From Women’s Safety Commissioner

The NSW Women’s Safety Commissioner Hannah Tonkin expressed support for the legislation on LinkedIn.

“The new legislation is designed to close a gap in the existing law by targeting AI-generated deepfakes. Women and girls are the primary targets of this terrifying technology, which can have devasting and long-lasting consequences,” she said.

Tonkin said rapid developments in AI had made it easy to create extremely life-like sexually explicit depictions.

“These images are humiliating and degrading in themselves, and they can be shared widely and used for intimidation or extortion,” Tonkin said.

Opposition Takes Credit for Deepfake Legislation

The state opposition has taken credit for the push, claiming the Minns government took action only after the Liberal Party introduced its Crimes Amendment (Deepfake Sexual Material) Bill 2025 (pdf) on Aug. 5.

“Women and girls are being targeted by fake images that look terrifyingly real. We’ve put solutions on the table and we’ll work to ensure the final law is strong, clear and fast,” said Felicity Wilson, the shadow women’s minister.

“This isn’t a future problem. It’s happening now in classrooms, workplaces and on social media.”

The opposition bill included a legal definition of deepfakes, penalties for private and public sharing, new criminal offences, and court powers to order destruction and takedowns.