Australia’s New South Wales state has clarified that creating, sharing, or threatening to share sexually explicit images, videos, or audio of a person without consent is a criminal offence, including where the material has been digitally altered or generated using AI.
The state government strengthened protections in 2025 by amending the Crimes Act 1900 to cover digitally generated deepfakes. The law already applied to sexually explicit image material, but now also covers content created or altered by AI to place someone in a sexual situation they were never in.
The reforms mean that non-consensual sexual images or audio are covered regardless of how they were made. Threatening to create or share such material is also a criminal offence in New South Wales, with penalties of up to three years in prison, a fine of up to A$11,000, or both.
Courts can also order offenders to remove or delete the material. Failure to comply with such an order can result in up to 2 years’ imprisonment, a fine of up to A$5,500, or both.
The law operates alongside existing child abuse material offences. Under criminal law, any material depicting a person under 18 in a sexually explicit way can be treated as child abuse material, including AI-generated content.
Criminal proceedings against people under 16 can begin only with the approval of the Director of Public Prosecutions, which is intended to ensure that only the most serious matters involving young people enter the criminal justice system.
Limited exemptions apply for proper purposes, including genuine medical, scientific, law enforcement, or legal proceedings-related purposes. A review of the law will take place 12 months after it comes into effect to assess how it is working and whether changes are needed.
The changes are intended to address the misuse of AI and deepfake technology to harass, shame, or exploit people through fake digital content. New South Wales says its criminal law works alongside national online safety frameworks, including the work of Australia’s eSafety Commissioner, as It seeks to keep privacy and consent protections aligned with emerging technologies.
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