Minns Labor Government strengthens protections against deepfakes and image-based abuse

The Government has zero tolerance for image-based abuse, which is disproportionately targeted at women and girls and is the latest frontier in gender-based abuse.

AI-generated sexually explicit deepfakes are increasing in prevalence and have become more realistic amid advances in technology.

The material can be used as part of sextortion schemes, including where perpetrators threaten to release further explicit content unless victims comply with demands.

The circulation of this material can be extremely distressing, humiliating, degrading or intimidating.

The reforms expand offences related to the production and distribution of intimate images without consent, including covering those created entirely using artificial intelligence.

The amendments to the Crimes Act 1900 make the production of a sexually explicit deepfake designed to be a genuine depiction of a real, identifiable person an offence punishable by up to three years' jail.

Sharing or threatening to share such images, even if the person hasn't created them, is also a crime punishable by up to three years' jail.

In addition to these new offences, the Government has criminalised the non-consensual creation, recording and distribution of sexually explicit audio, whether real or designed to sound like a real, identifiable person.

The Crimes Amendment (Intimate Images and Audio Material) Bill 2025 passed the upper house late Thursday.

It is already a crime in NSW to record or distribute intimate images of a person without their consent or to threaten to do so. This includes distributing photos that have been digitally altered, but not images wholly created using AI.

Existing court takedown powers will apply to these expanded offences.

The NSW Government has zero tolerance for the non-consensual production and distribution of sexually explicit material - regardless of how it is created.

The Labor Government is giving law enforcement and prosecutors the tools they need to go after those involved in this abuse, while deterring those considering creating this material.

The changes do not affect existing child abuse material offences that already criminalise the production, possession and dissemination of explicit material of a child.

Premier of New South Wales Chris Minns said:

"There is no place for gender-based abuse in NSW, and that includes through the use of deepfakes.

"These are important changes to keep women safe from this insidious form of abuse.

"This legislation sends a clear message: those who seek to target women using this technology now face serious consequences."

Attorney General Michael Daley said:

"We are making sure our laws keep pace with rapidly evolving technology and ensures women are better protected from all forms of AI-generated sexual exploitation.

"Non-consensual, sexually explicit deepfakes are a form of abuse disproportionately targeted at women and young girls.

"This bill ensures people who seek to objectify, intimidate or degrade women using AI can be prosecuted."

Minister for Women and the Prevention of Domestic Violence and Sexual Assault Jodie Harrison said:

"The passing of this bill is another way the Minns Labor Government is building a safer New South Wales for women and girls.

"These new laws build on and modernise the existing framework by strengthening and expanding current offences to protect women from exploitation through explicit deepfake material.

"I thank the many stakeholders, including Full Stop Australia and Domestic Violence NSW, who provided crucial feedback in the development of this bill."

NSW Women's Safety Commissioner Hannah Tonkin said:

"I'm pleased that we have seen the passage of legislation to criminalise AI-driven deepfakes. Sexually explicit deepfakes can be weaponised to cause immense harm in the real world.

"Women and girls are the main targets of deepfakes, and the impacts of their dissemination can be devastating.

"This legislation sends an important message that image-based abuse will not be tolerated, and it brings NSW in line with other jurisdictions that are striving to limit the impacts of this terrifying technology."

Full Stop Australia CEO Karen Bevan said:

"We welcome the passage of this legislation, which strengthens legal protections for victim-survivors of image-based abuse.

"Technology-facilitated abuse is growing rapidly, with perpetrators continually finding new and dangerous ways to exploit emerging technologies.

"The legislation sends a strong message that this abuse is unacceptable, and perpetrators will be held accountable."

Support: Anyone impacted by sexual violence can contact the NSW Sexual Violence Helpline 24/7 on 1800 424 017.