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AU Deepfake Sexual Material Act

Criminal Code Amendment (Deepfake Sexual Material) Act 2024

Creates Commonwealth criminal offences for "deepfake sexual material" (AI/synthetic intimate imagery) without consent. Part of Australia's layered approach: criminal law + eSafety platform enforcement.

Jurisdiction

Australia

Enacted

Pending

Effective

Sep 3, 2024

Enforcement

Australian Federal Police / Commonwealth DPP

Federal Register of Legislation

Why It Matters

Australia building layered stack: criminal law + eSafety. "Sexual deepfake" is criminal exposure, not just policy issue.

At a Glance

Applies to

Image GeneratorVideo GeneratorDigital Replica

Harms addressed

Who Must Comply

  • Individuals and entities subject to Australian Commonwealth criminal law

Safety Provisions

  • Criminal offences for creation/distribution of deepfake sexual material without consent
  • Strengthened law enforcement hooks for prosecution
  • Complements eSafety platform remedies

Compliance & Enforcement

Penalties

criminal (up to 7yr)

Criminal liability

View on map

Australia

Focus Areas

Child safety
Active safeguards required

Cite This

APA

Australia. (2024). Criminal Code Amendment (Deepfake Sexual Material) Act 2024.

Related Regulations

In Effect AU

AU OSA Phase 2 Codes

Phase 2 industry codes under Australia's Online Safety Act extending age-restricted material obligations to AI companion chatbots, generative AI services, search engines, app stores, and gaming platforms. Requires robust age assurance, prohibits AI-generated sexually explicit conversations with minors, and mandates suicide/self-harm content safeguards.

In Effect AU

AU Online Safety Act

Grants eSafety Commissioner powers to issue removal notices with 24-hour compliance. Basic Online Safety Expectations (BOSE) formalize baseline safety governance requirements.

In Effect KR

South Korea Deepfake Law

South Korea's world-strictest deepfake law: 7 years for creating/distributing, 3 years for possessing/viewing deepfake sexual content. Even viewing is criminal.

In Effect CN

China GenAI Labeling Rules

Mandatory labeling of AI-generated content (implicit for all, explicit where applicable). Released by State Administration for Market Regulation and Standardization Administration of China. Complements existing GenAI interim measures with three national standards for AI security and governance.

Proposed IN

India Synthetic Media Rules

Would establish due diligence framework for synthetically generated information including labeling, traceability, and platform processes for handling synthetic media harms.

In Effect TW

Taiwan AI Act

Comprehensive AI Basic Act (pending) establishes seven guiding principles and risk-based classification. Note: Taiwan already has ENACTED deepfake/election AI provisions via separate laws (Criminal Code 2023, Election Law 2023, Fraud Prevention Act 2024).

Last updated February 17, 2026. Verify against primary sources before relying on this information.