Using AI to Create Humiliating Deepfakes Could Lead to 4 Years in Jail in SA

Attorney General Kyam Maher warned about the dark side of AI.

Deepfakes are increasingly used to scam people out of their money. Shutterstock AI

New laws in South Australia will make it illegal to use artificial intelligence (AI) or other digital technology to create deepfakes.

Anyone who generates “invasive, humiliating or degrading” AI images that closely resemble posing as a real person faces fines of up to $20,000 or four years in jail.

The Summary Offences (Humiliating, Degrading or Invasive Depictions) Amendment Act 2025 came into force on Nov. 3 after passing the parliament earlier in the year.

Those guilty of an offence may also need to surrender records and equipment used to make the deepfakes.

“Authorities estimate as much as 90-95 percent of deepfakes are non-consensual porn; and 99 percent of victims in deepfake porn are women,” the South Australian government said.

“The eSafety commissioner has stated that explicit deepfakes have increased on the internet as much as 550 percent year on year since 2019.”

Attorney General Kyam Maher warned about the dark side of AI and other digital technology, despite their potential.

“Using this technology to create violent, degrading or sexually explicit images of someone without their consent is something we will not tolerate,” he said.

“Unfortunately, we have seen far too many incidents across the country of women and girls being targeted by this insidious behaviour.”

Maher said the new tough penalties sent a clear message: “Engage in this kind of vile behaviour and there will be serious consequences.”

Reports of School Students Targeted by Deepfakes

The state government said there had been reports of school students being targeted by deepfakes in Australia and all over the world.

To deal with this, the SA government has reformed the curriculum to ensure students are taught about online safety and the dangers of social media.

Content includes coercive control, tactics for identifying deepfakes, understanding AI, and the effect of “negative online influencers.”

“These reforms are a great example of how we need to not only ensure our children are educated on the fast-evolving changes of technology, but also ensure our laws are up-to-date to afford that legal protection from online harms,” SA Labor said.

Labor Minister for Education and Police Blair Boyer said the South Australian Department of Education  had been working closely with the eSafety commissioner, along with the Australian Centre to Counter Child Exploitation (ACCCE), to develop the curriculum.

“Schools can’t solve these issues alone, but education has a key role to play in supporting our children and young people to stay safe, focus on learning and build healthy, respectful relationships,” he said.

Assistant Minister for Artificial Intelligence and the Digital Economy Michael Brown added, “It is important that our legislation moves at pace, as the prevalence of AI continues to grow.”

“South Australia is leading the way on taking advantage of the positive opportunities AI presents, while defending against the risks that come with the technology.”

Keeping Laws In Pace With Evolving Technology

The Liberal Opposition offered support for the legislation when it was debated in parliament earlier in 2o25.

Shadow Minister for Community Safety, Police and Correctional Services Jack Batty said it was very important that legislation stays up to date with new technology, especially in the AI space.

“We know of the world of good and opportunity that artificial intelligence can bring to our state, to our country and to our communities, but we also know and need to be aware of the potential dangers, particularly when it is weaponised by the wrong people to humiliate, to harass or to exploit,” Batty said in parliament (pdf).

“I think it is incumbent on all of us as legislators to make sure that our laws are keeping pace with that rapidly evolving technological situation and modern methods of abuse, which I think, sadly, so often target women and also young people.”

What Is Happening in the AI Space Nationally

In September, the Minns Labor government in New South Wales outlawed the creation and sharing of sexually explicit deepfakes.

The eSafety Commissioner also registered new industry codes to target AI chatbots encouraging sexually explicit conversations with Aussie kids in September.

“I do not want Australian children and young people serving as casualties of powerful technologies thrust onto the market without guardrails and without regard for their safety and wellbeing,” eSafety Commissioner Julie Inman-Grant said at the time.