The Australian federal government will continue to strengthen online safety laws. In particular they are focusing on deepfake tools, partly because with the increasing use of artificial intelligence to create non-consensual sexual content, deepfakes have become a popular tool. Responding to concerns Communications Minister Anika Wells said deepfake abuse needs an urgent response. She emphasized that in order to protect people—children most importantly—we need real legislative action right now.
Independent MP Kate Chaney separately introduced a similar amendment to the Criminal Code in July. Marsh’s proposed reform would make it a crime to create or distribute deepfake sexual content. Nationally, the new law will provide for stiff punishments for violations, even including prison terms of up to 15 years. This legislative effort comes after deepfake uses have gained infamy. Even worse, through the use of AI they can do this faster and without the permission of anyone involved.
Deepfake technology – which can, alarmingly, “nudify” an image with as little as one photo in a matter of seconds. This is the one capability advocates and lawmakers are most concerned about. They fear that these tools will again be used to shame, torment, and sexually exploit youth.
That’s exactly what Meta, the parent company of Facebook and Instagram, is doing with a new lawsuit against the generative AI startup CrushAI. This Hong Kong-based platform is infamous for producing sexually explicit deepfakes. Undoubtedly, that’s why the platform was able to spread toxic content through a reported 87,000 ads, and why many advocates are calling for regulation on these dangerous technologies.
Jennifer Duxbury is director of regulatory affairs, policy and research at DIGI, the Australian digital industry’s association and advocate. She positively received the government’s pledge to take action against the growing trend of nudification apps. Duxbury stated, “We support the ecosystem approaches to tackling harm and look forward to working constructively with the government on the details of the proposal.”
Kate Chaney further highlighted the seriousness of this issue, discussing how criminals use deepfake technology. She noted that criminals often download these tools and use children’s photos to train them. Later, they remove those tools, thus providing the capacity to selectively revive dangerous content at any time. She expressed concern that this practice not only normalizes abusive behavior but complicates law enforcement’s ability to identify actual victims.
“What happens is offenders are downloading these tools and training them using images of children and then deleting the images so they then don’t possess those images,” – Kate Chaney
Wells reiterated the government’s role in shaping AI technology for beneficial purposes. McKinsey pointed to its potential for legitimate use while condemning any applications that would facilitate abuse. She stated, “There is a place for AI and legitimate tracking technology in Australia, but there is no place for apps and technologies that are used solely to abuse, humiliate, and harm people, especially our children.”
Their introduction fits within a larger trend to increase online safety across Australia. Wells has been at pains to lay out exactly how far these reforms fall short of addressing all aspects of abusive technology. These changes represent real progress in protecting Australians.
“While this move won’t eliminate the problem of abusive technology in one fell swoop, alongside existing laws and our world-leading online safety reforms, it will make a real difference in protecting Australians,” – Anika Wells
Now the government is preparing to implement these changes. In the background, stakeholders from every sector are buoyed by the possibility of positive change that the new legislation can bring. There are high expectations that more severe punishments will prevent additional exploitation with deepfake technology and create a more secure online space.
