South Australia has introduced new laws targeting the use of artificial intelligence to create violent or sexually degrading deepfakes, marking one of the strongest legal responses in the country to the growing misuse of synthetic media.
From today, anyone found guilty of generating invasive or humiliating AI-created images or videos that closely resemble a real person could face fines of up to $20,000 or four years in prison. Those convicted may also be ordered to hand over the equipment used to make the material.
The laws extend existing image-based offences to cover deepfakes that are produced entirely through digital technology rather than by manipulating real photos. Authorities say between 90 and 95 per cent of all deepfakes are non-consensual pornography, and that almost all victims are women. The eSafety Commissioner estimates that explicit deepfakes online have risen by 550 per cent each year since 2019.
The legislation, introduced earlier this year in a joint effort between the Government and Connie Bonaros MLC, was shaped in part by work from Assistant Minister for Artificial Intelligence Michael Brown MP, who chaired the state’s Select Committee on Artificial Intelligence.
Attorney-General Kyam Maher said while AI had great potential, its misuse demanded firm action. “Using this technology to create violent, degrading or sexually explicit images of someone without their consent is something we will not tolerate,” he said. “Unfortunately we have seen far too many incidents across the country of women and girls being targeted by this insidious behaviour. These are strong laws with tough penalties that send a clear message: engage in this kind of vile behaviour and there will be serious consequences.”
The reforms are being supported by changes in education. South Australian schools have introduced new curriculum content on online safety, coercive control, and detecting deepfakes as part of wider updates to the child safety program.
Education Minister Blair Boyer said the initiative would build on the ban on mobile phones in schools and provide more support for families dealing with social media pressures. “Schools can’t solve these issues alone, but education has a key role to play in supporting our children and young people to stay safe, focus on learning and build healthy, respectful relationships,” he said.
Michael Brown said the legislation reflected South Australia’s dual approach to AI. “South Australia is leading the way on taking advantage of the positive opportunities AI presents, while defending against the risks that come with the technology,” he said. “It is important that our legislation moves at pace, as the prevalence of AI continues to grow.”
The new laws place South Australia among the first jurisdictions in the country to explicitly criminalise the creation of deepfake material, as governments around the world scramble to address the darker uses of artificial intelligence.
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