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:
“(1) A person who intentionally does any of the following is guilty of an offence –
(a) alters an image or audio of another person so that the image or audio is intimate image or audio material –
(i) without the other person’s consent, and
(ii) knowing the other person did not consent to the alteration or being reckless about whether the other person consented to the alteration,
(b) creates intimate image or audio material of a simulated person –
(i) without the consent of the real person whom the image or audio is meant to represent, and
(ii) knowing the real person did not consent to the creation or being reckless about whether the real person consented to the creation.
Maximum penalty – 100 penalty units or imprisonment for 3 years, or both.“
The Intimate Image Bill also introduces subsection 91R(1A), as follows:
“(1A) A person is guilty of an offence if the person threatens to—
(a) alter an image or audio of another person so that the image or audio is intimate image or audio material –
(i) without the other person’s consent, and
(ii) intending to cause the other person to fear the threat will be carried out, or
(b) create intimate image or audio material of a simulated person—
(i) without the consent of the real person whom the image or audio is meant to represent, and
(ii) intending to cause the real person to fear the threat will be carried out.
Maximum penalty- 100 penalty units or imprisonment for 3 years, or both.“
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:
Malcolm Burrows B.Bus.,MBA.,LL.B.,LL.M.,MQLS.
Legal Practice Director
T: +61 7 3221 0013 (preferred)
M: +61 419 726 535
E: mburrows@dundaslawyers.com.au
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.
Related insights about Artificial Intelligence Law
-
Malcolm Burrows on ABC’s “Legal Eagles” segment – artificial intelligence and copyright law
On 20 August 2025, Malcolm Burrows appeared live on Katherine Feeney’s ABC Radio program, “Legal Eagles” as the Technology and Intellectual Property Lawyer to discuss legal issues associated with the adoption of artificial intelligence and its’ intersection with copyright law.
-
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.
-
Minister rules out copyright exemptions for AI
On 6 August 2025, during an interview on ABC News Breakfast, the Minister for Industry, Mr Tim Ayres, addressed the Federal Government’s position on the regulation of artificial intelligence (AI) in Australia. At approximately four (4) minutes and fifty-three (53) seconds into the segment, the Minister confirmed that there are “no plans to make changes”…
-
Malcolm Burrows on ABC’s “Legal Eagles” segment – artificial intelligence law
On 30 July 2025, Malcolm Burrows appeared live on Katherine Feeney’s ABC Radio program, “Legal Eagles” as the Technology and Intellectual Property Lawyer to discuss legal issues associated with the adoption of artificial intelligence.
-
Risks when implementing retrieval-augmented generation systems
Retrieval-augmented generation (RAG) is an artificial intelligence (AI) system architecture that combines large language models (LLMs), such as GPT-4, with external data retrieval processes.
-
Canva – who owns the artwork created by users?
The general rule about ownership of copyright in a literary or artistic work is that copyright vests in the ‘original author’, as per section 35(2) of the Copyright Act 1968 (Cth) (Copyright Act). From there, ownership depends on whether or not the original author is doing the work within the scope of their employment, in…
-
New OAIC guidance on Artificial Intelligence
On 21 October 2024, the Office of the Australian Information Commissioner (OAIC) published two (2) new guides on artificial intelligence (AI), purportedly in effort to make privacy compliance easier for business.
-
Artificial Intelligence defined – why no uniform approach?
Artificial Intelligence (AI) is commonly thought of as the capacity of computer systems to execute tasks that usually need human intelligence, such as learning, reasoning, and making decisions.[1] It covers a range of specialised fields, each focusing on different functions. For example, machine learning allows computers to learn from data, computer vision enables them to…
-
Updated USPTO guidelines on AI assisted inventions
In response to the Biden administration’s Executive Order on the Safe, Secure, and Trustworthy Development and Use of Artificial Intelligence on 30 October 2023, which outlined policies and principles to promote responsible Artificial Intelligence innovation and competition, the United States Patent and Trademark Office (USPTO) issued inventorship guidance for artificial intelligence (AI) assisted inventions. These…
