Newspaper headline discussing deepfakes and impostor accounts.
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Deepfake Pornography and Criminal Law: When AI Crosses the Line in NSW

ByParramatta Criminal Lawyers

A lot of people watch porn, a lot of people might also watch deepfake porn. But how many people know about the law surrounding deepfake porn? Can you use someone’s photos to create deepfake porn? Can you have files of it? Share it? Or even watch it?

If you’ve searched for “deepfake revenge porn lawyer Sydney”, “intimate image offence NSW”, or “deepfake privacy charge lawyer Parramatta”, you’re not alone. With the explosion of artificial intelligence (AI), deepfake pornography is no longer just a futuristic fear, it is a current criminal law issue in NSW. With such a rapidly changing landscape, however, it’s easy to be confused about what exactly when certain conduct becomes criminal.

At National Criminal Lawyers®, we’ve seen how technology can both create evidence and become the offence itself. Deepfakes, AI-generated sexual material that makes it appear as though someone is engaged in intimate acts, are now at the centre of privacy breaches, sexual harassment cases, and revenge porn prosecutions.

This blog explores how deepfake porn intersects with criminal law, the offences that can apply, what the courts are saying, and what you should do if you’re charged or victimised. We’re one of the only firms which are dealing with this new frontier of AI law. So, if you’re looking for an image-based abuse lawyer or AI lawyer, you’ve come to the right place.

What Are Deepfakes and Why Do They Matter in Criminal Law?

A deepfake uses AI to manipulate video, audio, or images so that it looks and sounds like a real person. Increasingly, deepfakes are being used to create sexual content without a person’s consent. This includes:

  • AI-generated pornographic videos or images made from innocent selfies, Instagram photos, or professional headshots
  • Revenge porn deepfakes, created to humiliate an ex-partner
  • Deepfake sharing in group chats or on porn platforms, which can go viral within hours

The harm is devastating — reputational damage, humiliation, stalking, and even job loss. Importantly, NSW and Commonwealth law are moving fast to criminalise not just the distribution, but also the creation and possession of deepfake sexual content.

NSW Law on Image-Based Abuse

Under Part 3, Division 15C of the Crimes Act 1900 (NSW), it is already a crime to create or share intimate images without consent. While the legislation was drafted before deepfakes exploded, its wording is certainly broad enough to capture AI-generated content.

However, on 7 August 2025, it was announced that the NSW government would be amending legislation on image-based abuse to extend to AI-generated deepfakes.

  • Section 91P (Recording intimate images without consent):

     “A person who intentionally records an intimate image of another person… without the consent of the person… is guilty of an offence.”
  • Section 91Q (Distribution of intimate image without consent):

     “A person who intentionally distributes an intimate image of another person… without the consent of the person… is guilty of an offence.
  • Section 91R (Threatening to record or distribute intimate images) also applies, even if the image doesn’t exist yet.

Penalties include up to 3 years’ imprisonment.

Deepfakes, even if digitally fabricated, are caught under these provisions because the key test is consent. If a reasonable person would believe the image depicted sexual content of the victim without their approval, it qualifies as an intimate image offence.

Commonwealth Law: Using a Carriage Service

Many deepfakes are shared via messaging apps, websites, or social media platforms. This engages s 474.17 of the Criminal Code Act 1995 (Cth), which makes it an offence to use a carriage service in a way that is menacing, harassing, or offensive.

  • Sharing deepfake porn in a group chat to humiliate someone = offensive use
  • Uploading revenge porn on social media = distribution via carriage service

The maximum penalty is 3 years’ imprisonment.

For more serious circumstances (child deepfakes, blackmail, organised sharing), even harsher federal offences apply.

Real-World Cases and Public Reaction

The law is catching up with reality, as shown in recent NSW news:

  • Tiffany Salmond, an NRL presenter, was targeted by a fake pornographic deepfake that circulated online. She condemned it as “a form of intimate abuse,” highlighting how victims are powerless against technology that fakes consent.
  • Experts warn of a 550% increase in explicit deepfake content since 2019, with most victims being women. Legislators in NSW are now pushing to make creation of deepfake porn itself a standalone criminal offence, even if it is never shared.

The Minns Government has already announced a crackdown, making it clear that deepfake pornography is to be treated with the same seriousness as traditional revenge porn.

Why Consumption of Deepfake Porn Can Still Be a Crime

One of the least understood issues is that even viewing or storing deepfake porn can amount to a criminal offence.

  • Possession: If the deepfake depicts an identifiable person without their consent, downloading or saving it could count as possessing an intimate image offence.
  • Sharing privately: Forwarding a deepfake in a WhatsApp group or even showing it to a friend can trigger the distribution offence.
  • Child deepfakes: Even computer-generated child sexual abuse material is treated as child exploitation material, with penalties of up to 15 years’ imprisonment under s 474.22 Criminal Code (Cth).

Privacy and Surveillance Implications

Deepfakes don’t just harm reputations; they raise serious privacy law questions. Victims of deepfake porn often also face:

  • Cyberstalking charges against perpetrators who repeatedly share or tag victims in AI images
  • Breach of AVOs, where protected persons are targeted with manipulated imagery
  • Defamation suits, where reputations are publicly destroyed

The combination of criminal prosecution, civil lawsuits, and digital platform takedown orders shows how multi-layered the response is becoming.

Judicial Commentary and Sentencing

The Judicial Commission of NSW has highlighted that intimate image offences are treated seriously because of the psychological harm and loss of dignity caused. Courts consider:

  • The level of planning (AI deepfake creation suggests deliberate intent)
  • The extent of distribution (wider circulation = harsher sentence)
  • The victim’s age, vulnerability, and lasting impact

Judges have described image-based abuse as “a modern form of sexual violence”. This framing makes it clear that deepfake porn is not trivial or harmless — it is seen as part of the spectrum of sexual offending.

Related Offences: Where Deepfakes Overlap

Deepfake pornography often intersects with:

These overlaps mean a single incident could lead to multiple charges.

Final Thoughts: Protecting Yourself Against Deepfake Allegations

Deepfake pornography is no longer science fiction, it is a real-world criminal law issue in Sydney and across NSW. Whether you are a victim of deepfake revenge porn or accused of creating or sharing intimate AI-generated content, the legal consequences are severe.

At National Criminal Lawyers®, our team has more experience than almost any other firm in defending clients facing intimate image charges, revenge porn prosecutions, and deepfake-related allegations.

📞 Call us today on 1800 CRIM LAW to speak with a trusted deepfake revenge porn lawyer Sydney, intimate image offence lawyer Parramatta, or privacy and cybercrime defence lawyer Blacktown.

We fight harder for your rights, in the courtroom and online.

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