The Malinauskas Government will introduce new laws to criminalise the creation and distribution of sexually explicit deepfakes and is seeking community feedback on further legislative reforms to tackle the pervasive issue of deepfakes.
Deepfakes are images, video or audio of a real person that have been edited, usually with AI technology, to create an extremely realistic but false depiction of them doing or saying something they did not actually do or say.
It can also include wholly computer-generated images of humans that do not exist in real life.
This can take the form of scams where the image and voice of a loved one or celebrity is manipulated in an attempt to trick or deceive. They can also be used to spread political misinformation or to create non-consensual pornographic material.
Authorities estimate as much as 90-95 percent of deepfakes are non-consensual porn; and 99 per cent of victims in deepfake porn are women.
The eSafety Commissioner has stated explicit deepfakes have increased on the internet as much as 550 per cent year on year since 2019.
The State Government will introduce a bill to amend the Summary Offences Act to capture the creation and distribution of non-consensual sexually explicit deepfakes.
This includes offences in relation to humiliating, degrading, or invasive depictions of people, whether via image or film.
This includes offences in relation to filming and sexting, child exploitation material, indecent material, identity theft, fraud and dishonesty.
The State Government is also seeking community views on further reforms to combat the issue, with consultation now open for four weeks.
Additionally, education on the risk of deepfakes, is being added to the new edition of the keeping safe curriculum delivered in public schools.
Earlier this year more than 50 girls from one regional Victorian school had AI nude images of them doctored and shared online.
The Department for Education has been working with the eSafety Commissioner and the Australian Federal Police (AFP) to update the curriculum across a range of topics including online safety, online grooming and sextortion.
The impact of explicit deepfakes can be devastating – hurting victims emotionally, financially, and reputationally.
To make a submission, read the Government’s discussion paper or learn more, visit www.yoursay.sa.gov.au/deepfakes.
Quotes
Attributable to Peter Malinauskas
Like it or not, artificial intelligence is now a part of our world. We need to ensure that as a state, we can harness it and use it to grow our economy and improve our standard of living.
But we also must understand it can be used for evil.
The inappropriate use of deepfakes is deeply concerning. I am particularly concerned about the potential damage these can do to girls and young women.
I am also worried about the impact deepfakes can have on our democracy.
We are committed to legislating to protecting South Australians from this emerging new risk.
Attributable to Kyam Maher
The way technology is being used to manipulate people’s likeness and images today was unimaginable only a few years ago.
It’s becoming more common to hear of instances of misuse in the form of non-consensual deepfakes and we have seen a number of high-profile cases of female high school students being a target of these sexually explicit images and videos.
Deepfakes are being used in scams and to misrepresent people’s views. Any South Australian could become a victim of increasingly sophisticated deepfakes scams.
Your voice and likeness are some of your most important assets in how you present to the world. Now, for the first time in history, this is able to be manipulated with deepfakes in a way you don’t consent to. This can be done to misrepresent your values, your beliefs and who you are as a person.
We need to make sure that the law is keeping up with technology so that South Australians’ rights are protected.
We’re urging experts, advocates, and the broader community to get involved and help us shape a response that keeps South Australians protected and helps to hold perpetrators to account wherever necessary.
