https://dcj.nsw.gov.au/legal-and-justice/laws-and-legislation/image-based-abuse.html
New South Wales has enacted comprehensive legislation criminalising the creation and distribution of sexually explicit deepfakes and non-consensual intimate imagery, marking a significant expansion of the state’s protections against image-based abuse. The amended Crimes Act 1900, which took effect on February 16, 2026, makes it illegal to create, share, or threaten to share sexually explicit images, videos, or audio of someone without their consent, including AI-generated or digitally altered content that places individuals in sexual situations they were never in. The law applies to all forms of non-consensual sexual content regardless of how it was produced, working alongside existing child abuse material laws that already prohibit any sexually explicit depiction of persons under 18, including AI-generated material.
Under the new legislation, offenders face substantial penalties including up to three years imprisonment, fines of up to $11,000, or both for creating or sharing non-consensual intimate content. Courts are additionally empowered to order the removal or deletion of such material, with non-compliance potentially resulting in two years imprisonment and fines of up to $5,500. The law includes age-appropriate safeguards requiring Director of Public Prosecutions approval before criminal proceedings can commence against individuals under 16, ensuring only the most serious cases involving young people enter the justice system. Limited exemptions exist for legitimate medical, scientific, law enforcement purposes, or actions necessary for legal proceedings.
The reforms complement existing federal frameworks including the eSafety Commissioner, who can work with online platforms to expeditiously remove reported deepfake material without requiring victims to file police reports or pursue court proceedings.