‍Australia's Legal Framework on Deepfakes and Non-Consensual Intimate Images

Criminal Code Amendment (Intimate Deepfake Material) Act 2024

Enacted in August 2024, this legislation criminalizes the distribution of non-consensual sexually explicit deepfakes, introducing severe criminal penalties for those who create or share such content. The law recognizes the serious harm caused by manipulated intimate imagery and establishes a robust framework for prosecution.

Digital platforms that fail to remove deepfake content violating privacy provisions may be deemed accomplices, resulting in substantial penalties. This creates a strong incentive for platforms to implement effective content moderation systems and respond promptly to removal requests.

Multi-Layered Regulatory Approach

Australia has implemented a comprehensive regulatory framework addressing harmful digital content through various legislative instruments:

Focus
Legislations
Legislati
ons
Focus
Maximum Platform Penalty
Relevance to Deepfakes
Online Safety Act 2021
Removal of harmful content
$825,000 (2,500 penalty units)
Applicable through cyber-abuse and image-based provisions
Privacy Act
Privacy violations
Up to $50 million
May include hosting deepfakes without consent

Enforcement Mechanisms
‍
The eSafety Commissioner possesses significant enforcement authority regarding non-consensual intimate content:

  • Can issue removal notices for content such as sexually explicit deepfakes

  • Platforms must comply within 24-48 hours of receiving such notices

  • Non-compliance may result in penalties of up to 500 penalty units (approximately $165,000 as of March 2025, with each unit valued at $330)

State-Level Legislation

South Australia has introduced additional legislation criminalizing the creation and distribution of sexually explicit deepfakes without consent. This state-specific approach imposes:

- Prison sentences of up to 4 years
- Fines of up to $20,000

Recent data highlights the escalating deepfake crisis:

25% of Australian businesses faced deepfake incidents in 2024, representing a significant operational and reputational risk [Australian Cyber Security Magazine].

99% of non-consensual deepfake pornography victims are women, with such content growing by 550% annually [Parliament of Australia]

55% of IT specialists now identify deepfakes as the primary cybersecurity threat for 2024-2025 [Security Brief Australia]

Proofly: A Comprehensive Solution

In response to this evolving threat landscape, Proofly offers Australian organizations a comprehensive solution that aligns with both current regulatory requirements and technical necessities:Our platform's advanced detection capabilities enable businesses to identify potential deepfake threats before they cause reputational damage or trigger regulatory penalties.

With response times well within the 24-48 hour window mandated by the eSafety Commission, Proofly helps organizations maintain compliance with Australia's regulatory framework while protecting stakeholders from harmful content.‍

Best pricing on the market: from 0.05$ per request, robust speed