Queensland proposes 3 years in prison for sexual deepfakes — ABC News Australia

In the Australian state of Queensland, the government has introduced a bill in parliament that provides for criminal liability for creating sexually explicit deepfake images or audio recordings without a person’s consent. The proposed maximum penalty for adult offenders is three years in prison, and up to 18 months for minors.

Closing a legal loophole

As ABC News Australia reports, Queensland’s current legislation prohibits the distribution of images but does not establish separate liability for creating deepfakes. State Attorney-General Deb Frecklington said the new provisions are intended to close this legal loophole.

Deepfakes are photos, videos or audio recordings of real people altered using artificial intelligence software to create a false image or recording. Creating such materials without a person’s consent is a form of image-based abuse.

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Changes for images and audio

The bill also introduces a new definition of intimate audio material and updates the definition of an intimate image to include “fake” images. According to Frecklington, this is intended to prevent offenders from avoiding liability by referring to the impossibility of the depicted situation, the use of emojis to conceal part of an image, or a digital filter.

The Attorney-General said the issue is particularly concerning for Queensland schools, where such content can be used for cyberbullying. She also mentioned the case of 56-year-old Antonio Rotondo, who was found guilty of more than a dozen charges after creating and distributing sexualized deepfakes of current and former students and staff of a Brisbane secondary school. According to Frecklington, he could previously have been held liable for distributing the materials, but not for creating them.