Queensland Moves To Criminalise AI-Generated Deepfake Intimate Images
The Queensland Government has announced plans to introduce new criminal offences targeting the creation of non-consensual intimate images generated or altered using digital technology. The proposed reforms aim to close legal gaps that have allowed perpetrators to evade accountability when using artificial intelligence (AI) tools to create sexually explicit “deepfake” material. Details of the proposal were outlined in a Queensland Government statement, which highlights growing concerns about the use of AI-generated content for harassment and cyber-bullying.
The legislation, proposed by the Crisafulli Government, is intended to strengthen legal protections for individuals whose likeness is used without consent. It is expected to prioritise victims’ rights to privacy, dignity and autonomy, particularly in cases where manipulated or fabricated images are used to cause reputational damage or emotional distress.
Closing Legal Gaps Around AI-Generated Abuse
Advances in AI and widely available image-editing tools have made it easier to produce realistic images and videos depicting individuals in situations that never occurred. Some applications can generate explicit content from existing photographs or create synthetic imagery that closely resembles identifiable people.
Under the proposed reforms, Queensland law would explicitly criminalise the creation of intimate images of a person using digital technology without their consent. The offence would cover both manipulated images and those produced entirely through AI or other digital tools.
The proposed offence would apply to several forms of digitally produced content, including:
- Digitally altered images: Photographs modified using image-editing software to create explicit depictions.
- AI-generated images: Content produced using generative AI tools that fabricate intimate images of a person.
- “Nudify” applications: Software designed to generate simulated explicit images from existing photographs.
- Simulated likenesses: Images of digitally generated individuals that closely resemble, or claim to represent, a real identifiable person.
The government has proposed a maximum penalty of three years’ imprisonment for the offence.
Concerns About Cyber-Bullying in Schools
Officials say the reforms are partly driven by increasing reports of AI-generated images being used to harass students and teachers. The ability to rapidly create realistic imagery without a person’s knowledge or involvement has raised concerns about online abuse within school communities.
By explicitly covering digitally generated material, the legislation is intended to ensure offenders cannot avoid prosecution simply because the image was fabricated rather than captured.
Government Emphasises Victim Protection
“This is for the women who have had their images weaponised against them, the teachers who have been the subject of heinous cyber-bullying, and for every victim who was told the law couldn’t help – because now we are changing that,” — Deb Frecklington, Attorney-General, Minister for Justice and Minister for Integrity
The Attorney-General said rapid advances in technology have enabled new forms of online abuse that existing laws have struggled to address.
“Technology is evolving rapidly, and unfortunately we’re seeing it used in ways that harm people. For too long, offenders have been able to exploit a loophole in the law to create harmful and exploitative content without facing the full consequences. We are closing that loophole. Creating intimate images of someone without their consent is a serious invasion of privacy. It can cause deep emotional distress and lasting reputational harm.” — Deb Frecklington, Attorney-General, Minister for Justice and Minister for Integrity
Consultation With Education and Online Safety Sectors
The Queensland Government will undertake targeted consultation while drafting the legislation. Stakeholders expected to be involved include representatives from the education sector, legal professionals, organisations supporting victims of sexual violence, and online safety experts.
The consultation process will inform the final legislative framework, with the aim of ensuring the law reflects the realities of rapidly evolving digital technologies and the risks they present.
