Australia’s Deepfake Sexual Material Act 2024

1. Overview

Australia enacted the Criminal Code Amendment (Deepfake Sexual Material) Act of 2024 to target the sheer harm inflicted by the creation and distribution of unsolicited sexually explicit deepfakes. Recognizing the specific and invasive nature of such exploitation, the legislation seeks to safeguard victims and punish offenders.

2. Scope of the Law

The making, distribution, and even threats of distribution of sexually explicit content utilizing deepfake technology and showing an individual without their agreement are the specific areas of interest of the Criminal Code Amendment (Deepfake Sexual Material) Act 2024. It covers instances where a photo of an individual is altered online with the aim of making the appearance seem realistic, though not actual sexual material.

The Bill tries to ensnare a range of objectionable acts, such as

• Procreation of deepfake sexual content without consent: This criminalizes the production of the fake material itself.
• Distribution or sharing of deepfake sexual content without consent: This criminalizes the distribution of the offending content to others.
• Threatening to produce or distribute deepfake sexual content without consent: This attempts to deter the initial act of production or sharing by criminalizing threatening behaviour.

3. Major clauses

• Offense: Production and dissemination of unwanted deepfake pornography is directly outlawed by the Act. It shows the offense-ness of the act in Australian law and provides an accurate description of what is illegal.
• Emphasis on Consent: Consent is the basis of this act. An act performed without the free and willing consent of the individual in the deepfake is directly prohibited by the Act.
• Technological neutrality: Although the technology of deepfakes is the subject of focus in consideration, the language of the bill should be broad enough to include new technologies that are possibly used to produce similar non-consensual sexual content.

4. Penalties and Enforcement

This act offers serious penalties to convicted offenders. These sanctions varied based on various factors like the vulnerability and age of the victim, distribution coverage, and the intent of the offender. As the offence is serious in nature, these punishments may include imprisonment and substantial fines. These steps will be taken by Australian government enforcement agencies and the Australian Federal Police (AFP). 

5. Implications of the Law

There are several key implications of this law, including Enhanced Protection for Victims: It provides for a straightforward legal process to be followed by the victims of unconsented deepfake sexual material for the purposes of seeking justice and having the offenders prosecuted, and greater awareness among the public.

6. Future Perspective

In responding to new issues brought about by digital technology, the Criminal Code Amendment (Deepfake Sexual Material) Act 2024 is a good development. The Act can be made periodically reviewable and possibly changed as deepfake technology advances, so that it continues to be useful in the goal of safeguarding people from such injurious exploitation. The Australian pledge to update its legal framework to enable it to protect its citizens on the internet is warranted by this Act.