NSW announces proposed criminalisation of AI deepfakes

In response to an April 2025 NSW parliamentary report which identified gaps in the State’s Crimes Act 1900 (NSW) (NSW Crimes Act), the Minns Labour Government have announced their intention to criminalise the creation and distribution of sexually explicit deepfakes and intimate images.

Proposed changes

In a media release dated 7 August 2025, the Government announced the following bills:

• Crimes Amendment (Deepfake Sexual Material) Bill 2025 (NSW) (Deepfake Bill);
• Crimes Amendment (Intimate Image and Audio Material) Bill 2025 (NSW) (Intimate Image Bill); and
• The Victim Rights and Victims of Crime Commissioner Bill 2025 (NSW) (Victim Rights Bill).

Deepfake Bill

The Deepfake Bill intends to clarify that the prohibition on producing or distributing an intimate image applies to deepfake images as well as sexually explicit deepfake audio and text.

The Deepfake Bill introduces and defines the following terms:

• intimate material;
• produce;
• sexually explicit deepfake audio; and
• sexually explicit deepfake text.

It also makes the following amendments to the NSW Crimes Act:

• amends the definition of ‘image‘ to include AI generated and altered depictions;
• replaces the use of ‘depiction‘ with ‘representation‘ to capture non-image deepfake material;
• replaces the use of ‘record‘ with ‘produce‘ to capture the generative aspect of deepfakes; and
• replaces the use of ‘image‘ with ‘material‘ to capture the variety of audio and text based deepfakes not captured by the NSW Crimes Act.

Intimate Image Bill

The Intimate Image Bill intends to amend the NSW Crimes Act to criminalise the production of sexually explicit material generated or altered by AI without the consent of the person represented.

NSW does not have offences that expressly prohibit the production of sexually explicit deepfakes of adults.  The most relevant offences were introduced in 2017 and prohibit the recording and distribution of intimate images.  The Deepfake Bill clarifies that the distribution of AI altered images is also prohibited, while the Intimate Image Bill criminalises the use of AI and technology to create intimate images even without publication or distribution.

The Intimate Image Bill introduces section 91PA, ‘Altering images or audio or using simulated person to create intimate image or audio material’, as follows:

The Intimate Image Bill also introduces subsection 91R(1A), as follows:

Victim Rights Bill

The Victim Rights Bill intends to recognise and promote the rights of victims of crimes generally under the Charter of Victims’ Rights and establishes a Victims of Crime Commissioner (Commissioner).

The new Commissioner will assume the advocacy functions of the current Commissioner for Victims’ Rights, while the existing commissioner will overtake administrative maintenance of the NSW Victim Register.

Responsibilities of the Commissioner will include:

• overseeing the Charter of Victims’ Rights;
• enabling victims to request information or documents regarding alleged Charter breaches;
• preparing special reports for the NSW Parliament on relevant matters
• establishing information-sharing arrangements with public sector agencies;
• identifying, reviewing, and researching systemic issues affecting victims;
• consulting with victims and their supporters; and
• providing recommendations to the NSW Attorney General.

What this means for deepfakes beyond NSW

The Intimate Image Bill when passed implement similar provisions to the Federal Criminal Code Amendment (Deepfake Sexual Material) Act 2024 (Cth) which amended the Criminal Code Act 1995 (Cth) which applies nationally.  A unique aspect of the Intimate Image Bill, however, is that it also creating the separate offence of threatening to create deepfakes of another person. 

The introduction of these changes in NSW may prompt Queensland to review and update its own laws to ensure it adequately protects against AI generated abuse material.

Links and further references

Legislation

Crimes Act 1900 (NSW)

Crimes Amendment (Deepfake Sexual Material) Bill 2025 (NSW)

Crimes Amendment (Intimate Image and Audio Material) Bill 2025 (NSW)

The Victim Rights and Victims of Crime Commissioner Bill 2025 (NSW)

Criminal Code Amendment (Deepfake Sexual Material) Act 2024 (Cth)

Criminal Code Act 1995 (Cth)

Further information

If you need advice on deepfakes or generative AI technology for your business, contact us for a confidential and obligation-free discussion:

Disclaimer

This article contains general commentary only.  You should not rely on the commentary as legal advice.  Specific legal advice should be obtained to ascertain how the law applies to your particular circumstances.

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