Deepfakes and the Law: How Australia Is Fighting Digital Deception
Technology has always evolved faster than the law, and the rise of deepfakes—realistic synthetic videos and audio generated using artificial intelligence—has created new challenges for Australia’s legal system. As manipulated digital content becomes more convincing, it raises pressing General Topical News Issues around privacy, consent, defamation, and national security. Policymakers are now racing to keep pace with this fast-moving threat.
What Are Deepfakes?
Deepfakes are AI-generated or altered media files that replace a person’s likeness or voice with another’s. They can be used for humour or satire, but also for malicious purposes—such as spreading misinformation, committing fraud, or creating non-consensual explicit content. The impact of deepfakes extends far beyond individual harm, threatening public trust in media and democracy itself.
Current Legal Framework in Australia
Australia does not yet have a single law targeting deepfakes directly, but several existing laws can apply depending on the context:
Criminal Code Act 1995 (Cth): Covers offences related to online harassment, impersonation, and use of technology to menace or harass.
Defamation laws: Allow victims to sue for reputational damage caused by manipulated or fake media.
Privacy Act 1988 (Cth): Protects individuals’ personal information, though reforms are underway to expand coverage to digital likeness and biometric data.
Online Safety Act 2021: Grants the eSafety Commissioner powers to remove harmful or non-consensual intimate images, including AI-generated ones.
While these laws offer some protection, experts argue that they do not go far enough to address the unique risks deepfakes pose in elections, journalism, and digital identity.
Recent Legal Developments
In response to global concern, the Australian Government and the eSafety Commissioner have begun exploring new legislative reforms to tackle synthetic media. In 2024, the Attorney-General’s Department launched consultations to update Australia’s privacy and online safety frameworks. Proposals include:
Expanding the definition of “personal information” to cover digital likenesses.
Introducing criminal penalties for producing or distributing harmful deepfakes without consent.
Requiring social media platforms and AI companies to take proactive steps in detecting and removing synthetic content.
These moves mirror developments in countries like the United Kingdom and the United States, which are also crafting laws to balance innovation with accountability.
Deepfakes in Politics and Public Life
Deepfakes are not just a concern for private citizens—they can distort public debate and erode democratic institutions. Experts warn that fabricated videos of politicians or public figures could influence elections, damage reputations, or incite unrest.
In 2023, the Australian Electoral Commission (AEC) flagged concerns about misinformation during campaigns, calling for clearer legal mechanisms to address AI-manipulated content. As we move into an era of AI-driven communication, transparency and verification will be vital to protect the integrity of Australia’s democracy.
Balancing Innovation and Regulation
Australia faces the challenge of balancing innovation with privacy and security. While over-regulation could stifle AI development, the absence of safeguards could invite harm on a massive scale. Collaboration between government, technology firms, and civil society is crucial to finding this balance.
Ethical AI guidelines—like those developed by CSIRO’s Data61—are already helping shape responsible innovation. Encouraging companies to disclose AI use and adopt content authenticity standards can help restore public trust.
Public Awareness and Education
Legal measures alone cannot solve the problem. Educating Australians about media literacy and critical thinking is equally important. Schools, universities, and media outlets can help individuals identify manipulated content and verify information sources.
The eSafety Commissioner also provides resources for victims of online image abuse, including deepfakes. Raising awareness of these avenues ensures people know where to turn for help.
The Future of Deepfake Regulation
Looking ahead, Australia’s legal landscape will likely evolve to specifically address deepfakes through a combination of privacy reform, criminal penalties, and industry regulation. Future laws may require AI developers to watermark or label synthetic media, ensuring accountability at every stage of creation and distribution.
In the meantime, public institutions, journalists, and individuals must remain vigilant in verifying content before sharing it online. The fight against digital deception is ongoing—and awareness is our strongest defence.
Deepfakes are a striking example of how technology can both empower and endanger society. As Australia refines its approach to AI regulation, staying informed is the best protection.
If you have concerns about your digital identity, online reputation, or privacy rights, seek legal advice from professionals experienced in technology and media law.
