{"meta":{"exportedAt":"2026-10-23T07:25:50.449Z","formatVersion":2,"selection":{"q":"esafety-commissioner","system":"","harm":"","context":"","country":"","role":"","relation":"core","evidence":"","year":"","response":"regulatory","severity":"","verification":"","view":"incidents","sort":"added"},"totalIncidents":1,"coverage":{"cases":1,"countries":0,"languages":1,"unknownLocation":1,"locationPending":0,"unknownLanguage":0,"unknownDate":0,"lawsuits":0,"regulatory":1,"minors":0,"coreRelations":1,"contextualRelations":0,"mixedRelations":0,"unknownRelations":0,"relationPending":0,"relationUnknown":0},"countingNote":"Distinct public cases in this selection. People counts apply within individual cases only; cross-case person overlap has not been resolved. No population incidence estimate.","affectedCountNote":"Interpret person counts with affectedCountStatus and the reported effects. Unquantified zeros are placeholders, not a measured zero.","source":"AI incidents","publisher":"NOPE","url":"https://nope.net/incidents","license":"CC BY 4.0"},"incidents":[{"id":"2022-australia-federal-court-civil-penalty-for-ai-generated-deepfake-intimate-images-of-six-women","caseFacts":{"claims":[{"id":"c1","status":"documented","evidence":[{"locator":"'the respondent posted 12 non-consensual deepfake intimate images of six persons ordinarily resident in Australia online'; 'On 15 November 2022, [the respondent] uploaded to [the named website] a moving visual image'; 'On 27 May 2023, [the respondent] uploaded to [the named website] a moving visual image'; 'did not receive (and was aware that he had not received) consent from any of Depicted Persons 1, 2, 3, 4, 5 or 6'","relation":"supports","source_id":"s1"},{"locator":"'he posted deepfake nude images of six different women to a website'","relation":"supports","source_id":"s2"}],"assertion":"Between 15 November 2022 and 27 May 2023 the respondent posted 12 non-consensual deepfake intimate images, described as moving visual images, of six people ordinarily resident in Australia to a website accessible worldwide, without their consent.","causal_attribution":"Agreed facts accepted by the court as true; ABC reports the same finding. The judgment introduction gives 19 May 2023 as the end date, while the agreed facts and penalty orders include 27 May 2023."},{"id":"c2","status":"documented","evidence":[{"locator":"'created each of the deepfake images described below by following the same process: a. locating an image of the depicted person online; b. uploading the image to a webpage that allowed him to create semi-naked or naked images of the person; c. saving the generated image'","relation":"supports","source_id":"s1"}],"assertion":"He made each image by locating a photo of the person online, uploading it to a webpage that allowed him to create semi-naked or naked images of the person, and saving the generated image.","causal_attribution":"Agreed facts in the judgment; the tool is not named and its technique is not described."},{"id":"c3","status":"reported","evidence":[{"locator":"'this cruel, destructive and anti-social misuse of easily accessible AI tools'; 'for making a series of AI-generated deepfakes of prominent women'","relation":"supports","source_id":"s4"}],"assertion":"The eSafety Commissioner called this kind of deepfake abuse a misuse of easily accessible AI tools, and Information Age reported the images as AI-generated deepfakes.","causal_attribution":"The regulator that investigated the case, quoted by Information Age; the technical basis for the AI description is not stated beyond the agreed generation steps (c2)."},{"id":"c4","status":"documented","evidence":[{"locator":"'each of the Depicted Persons ordinarily resides in Australia and made a complaint about the images'; 'I am absolutely horrified about being caught up in this. Even though it is clearly a fake video, I feel violated, vulnerable and completely without agency'; 'the contraventions of s 75 are likely to have caused the Depicted Persons’ hurt and distress'; 'likely to have exacerbated that hurt and distress for Depicted Person 1 and Depicted Person 2'","relation":"supports","source_id":"s1"},{"locator":"'Even though it is clearly a fake video, I feel violated, vulnerable and completely without agency'","relation":"supports","source_id":"s2"}],"assertion":"Each of the six complained to eSafety; one complainant said she was horrified and, although it was clearly a fake video, felt violated, vulnerable and without agency; the court found the posts were likely to have caused the women hurt and distress, exacerbated for two women whose images stayed online for almost a year.","causal_attribution":"The court's finding, based on the complaints, the respondent's admission and expert evidence; the women gave no evidence of the extent of their loss."},{"id":"c5","status":"documented","evidence":[{"locator":"'I am not a resident of Australia. The removal notice means nothing to me. Get an arrest warrant if you think you are right.'; 'Some of the images [the respondent] posted online were retaliatory against individuals who were involved in the issuing of the Removal Notice.'; 'From around 3 November 2023, [the respondent] cooperated with eSafety in relation to removing the images'","relation":"supports","source_id":"s1"},{"locator":"'it meant nothing to him as he was not an Australian resident'","relation":"supports","source_id":"s3"}],"assertion":"He refused eSafety's May 2023 removal notice and remedial direction, saying the notice meant nothing to him as he was not a resident of Australia; he admitted that some later images were retaliation against people involved in issuing the notice; the images were removed only after he gave eSafety his log-in details from about 3 November 2023, following his arrest on other matters.","causal_attribution":"Agreed facts in the judgment; AAP reports the same reply."},{"id":"c6","status":"documented","evidence":[{"locator":"'This comes to a total of $343,500.'; 'The Commissioner says that this is the first proceeding involving the imposition of a civil penalty under the Act.'","relation":"supports","source_id":"s1"},{"locator":"'to pay a $343,500 penalty plus costs'","relation":"supports","source_id":"s3"}],"assertion":"On 26 September 2025 the court ordered penalties totalling A$343,500 and part of the Commissioner's costs, in what the Commissioner said was the first proceeding to impose a civil penalty under the Online Safety Act.","causal_attribution":"Court orders in the judgment."},{"id":"c7","status":"reported","evidence":[{"locator":"'was fined $25,000 for contempt of court, after admitting he breached three court orders made as part of the case'; 'he forwarded the documents to eSafety Commission staff and 49 other email addresses, including media outlets'","relation":"supports","source_id":"s2"},{"locator":"'to not publish the orders as they contained the names of the women targeted'","relation":"supports","source_id":"s4"}],"assertion":"In December 2023 he was fined A$25,000 for contempt after admitting he breached three orders in the case, including by forwarding the orders, which identified the women, to eSafety staff and 49 other email addresses, including media outlets.","causal_attribution":"Reported by ABC and Information Age from the court record; the contempt judgment was not inspected."},{"id":"c8","status":"reported","evidence":[{"locator":"'was found guilty of 17 offences by a jury on Tuesday'; 'digitally altered photographs of several women and girls he found on public websites in a way that depicted them either entirely or partially nude'; 'has been sentenced to two years in jail, which he has already served'","relation":"supports","source_id":"s5"}],"assertion":"In a separate criminal trial, a Brisbane jury convicted the same man in September 2026 of 17 offences over photos of women and girls, including students and staff of a Brisbane private school, that he digitally altered to depict them nude and emailed to the school and others, and that he was sentenced to two years in jail, which he had already served.","causal_attribution":"ABC report of a different proceeding, given as context only; whether its victims overlap with the six women is not established."}],"effects":[{"label":"women depicted without consent in generated deepfake intimate images posted online, which the court found likely caused them hurt and distress","claim_id":"c4","direction":"negative"}],"sources":[{"id":"s1","url":"https://www.judgments.fedcourt.gov.au/judgments/Judgments/fca/single/2025/2025fca1191","kind":"court_record","access":"read","language":"en","translation_note":"Read in English on 2026-10-23 through an Internet Archive capture (web.archive.org/web/2025id_/...) because the court site returned HTTP 403; no translation. Full judgment with the agreed facts.","independence_group":"federal-court-judgment-2025-fca-1191"},{"id":"s2","url":"https://www.abc.net.au/news/2025-09-26/qld-deepfake-pornography-federal-court-charge/105822448","kind":"news_report","access":"read","language":"en","translation_note":"Read in English on 2026-10-23 (HTTP 200); no translation. ABC report of the hand-down, with the earlier contempt fine.","independence_group":"abc-report-of-judgment"},{"id":"s3","url":"https://www.theguardian.com/technology/2025/sep/26/man-fined-34000-for-deepfake-pornography-of-prominent-australian-women-in-first-of-its-kind-case","kind":"news_report","access":"read","language":"en","translation_note":"Read in English on 2026-10-23 (HTTP 200); no translation. AAP copy published by The Guardian (the Sydney Morning Herald carries the same AAP text).","independence_group":"aap-report-of-judgment"},{"id":"s4","url":"https://ia.acs.org.au/article/2025/australian-man-fined--350k-for-making-ai-deepfakes.html","kind":"news_report","access":"read","language":"en","translation_note":"Read in English on 2026-10-23 (HTTP 200); no translation. Information Age report, including the eSafety Commissioner's LinkedIn statement.","independence_group":"information-age-report"},{"id":"s5","url":"https://www.abc.net.au/news/107106098","kind":"news_report","access":"read","language":"en","translation_note":"Read in English on 2026-10-23 (HTTP 200); no translation. ABC report of the separate 2026 criminal trial; the short URL resolves to the full article.","independence_group":"abc-report-of-criminal-trial"}],"version":1,"ai_roles":["others_use"],"contexts":["privacy","justice"],"unknowns":["Which web tool generated the images and how it worked.","How many people viewed the images while they were online.","Whether any of the six women are among the victims in the separate 2026 Brisbane criminal case.","The extent of each woman's loss beyond the hurt and distress the court found likely; the women gave no evidence on it."],"geography":{"basis":"The judgment says each depicted person ordinarily resides in Australia and the Federal Court of Australia decided the case. Where he was when he posted the images is not stated (he told eSafety he was not resident in Australia), and the website was accessible worldwide, so the event country is left unknown.","court_countries":["AU"],"event_countries":[],"affected_person_countries":["AU"]},"publication":{"basis":"Published as a core case (depicted_or_impersonated): the Federal Court found, on admitted facts, that a man posted 12 non-consensual deepfake intimate images of six women that he generated by uploading their photos to an image-creation webpage, found the posts likely caused them hurt and distress, and imposed A$343,500 in penalties. The court record documents the generation, posting, complaints and penalty; the AI description is the regulator's.","reviewed_on":"2026-10-23"},"ai_involvement":{"basis":"The agreed facts accepted by the Federal Court state that the respondent uploaded each woman's photo to a webpage that allowed him to create semi-naked or naked images of her and saved the generated image, then posted those images; the court found the posts likely caused the women hurt and distress. The images depicted the women (depicted_or_impersonated). The eSafety Commissioner, whose office investigated the case, called this kind of deepfake abuse a misuse of easily accessible AI tools. The tool is not named and its technique is not described.","status":"supported"},"person_relations":["depicted_or_impersonated"]},"name":"Australian Federal Court orders man to pay A$343,500 for posting AI-generated deepfake intimate images of six women, in eSafety's first civil penalty case","summary":"On 26 September 2025 the Federal Court of Australia ordered a man to pay civil penalties of A$343,500 plus costs, in what the eSafety Commissioner said was the first proceeding to impose a civil penalty under the Online Safety Act 2021. On facts he admitted, he posted 12 non-consensual deepfake intimate images of six women ordinarily resident in Australia to a deepfake website between November 2022 and May 2023. He made each one by uploading a photo of the woman found online to a webpage that created semi-naked or naked images and saving the generated image. He refused eSafety's removal notice, so two images stayed online for almost a year, and he admitted posting some later images in retaliation against people involved in issuing the notice. Each woman complained to eSafety, and the court found the posts were likely to have caused them hurt and distress. The eSafety Commissioner called this kind of deepfake abuse a misuse of easily accessible AI tools.","incidentDate":"2022-11-15","incidentEndDate":"2023-05-27","incidentKind":"bounded_series","incidentDatePrecision":"day","exposurePattern":"unknown","reportedDate":"2025-09-26","aiSystem":"Unidentified web tool to which the poster uploaded a photo of each woman and which generated semi-naked or naked images (agreed facts in the judgment); the eSafety Commissioner called this kind of deepfake abuse a misuse of easily accessible AI tools","aiProduct":"Unidentified video tool","severity":"high","verificationStatus":"verified","harmCategories":[],"harmOutcomes":["exploitation_or_abuse","psychological_distress"],"harmOutcomeSummary":"According to the Federal Court's findings on admitted facts, six women were depicted without consent in generated deepfake intimate images posted online, two for almost a year, and the posts were likely to have caused them hurt and distress; one complainant said she felt violated, vulnerable and without agency.","frameworkFacets":[],"causationStatus":"established","participantUsersAffectedMin":0,"otherPeopleHarmedMin":6,"affectedCountStatus":"exact","affectedCountEvidence":"Six Depicted Persons, each of whom complained to eSafety (judgment, agreed facts and [11]). Exact 6. People who viewed the images are not counted.","victimAgeRange":"adult","jurisdiction":"AU","platformType":"other","outcomeType":"regulatory_action","outcomeStatus":"resolved","primarySourceUrl":"https://www.judgments.fedcourt.gov.au/judgments/Judgments/fca/single/2025/2025fca1191","primarySourceLabel":"Federal Court of Australia, [2025] FCA 1191 (eSafety Commissioner civil penalty case), judgment of 26 September 2025","firstPublishedAt":"2026-10-23T03:08:18.073387+00:00","updatedAt":"2026-10-23T03:08:18.073387+00:00","scopeVersion":"facts-v3","tags":["deepfake","intimate-image-abuse","civil-penalty","online-safety-act","esafety-commissioner","australia","depicted-or-impersonated"]}]}