Sexually explicit deepfakes and the criminal law in NSW

By Tom Gotsis

This paper presents data on the increasing prevalence of sexually explicit deepfakes and discusses their harmful impacts. It then examines the relevant Commonwealth and New South Wales (NSW) offences, which were introduced by the Criminal Code Amendment (Deepfake Sexual Material) Act 2024 (Cth) and the Crimes Amendment (Intimate Images) Act 2017 (NSW).

The paper identifies three gaps in NSW’s offences. These gaps are not covered by the Commonwealth offences because those offences apply only when the internet has been used to transmit sexually explicit material. The paper also considers Victoria’s counterpart provisions, which do apply to sexually explicit deepfakes.

Key points

Most of the victims depicted in sexually explicit deepfakes are women.

In 2022, Victoria introduced offences that prohibit producing, distributing or threatening to distribute intimate images of adults.

In 2024 Commonwealth offences were introduced to prohibit a person from using a carriage service, such as the internet, to transmit sexually explicit deepfakes of adults.

NSW does not have offences that expressly prohibit the production and distribution of sexually explicit deepfakes of adults.

The limitations and uncertainties relating to NSW’s intimate image offences could be remedied if they were amended along the lines of the new Commonwealth and Victorian offences

Parliamentary Research Service (NSW), 2025. 25p.