Australia has one of the most active regulators in the world on image-based abuse, and in 2024 it added specific criminal offences for sexually explicit deepfakes. Here is what the framework looks like.
The eSafety Commissioner’s scheme
Under the Online Safety Act 2021, the eSafety Commissioner runs an image-based abuse scheme. Since 23 January 2024, platforms must act within 24 hours of receiving a removal notice from eSafety, down from 48 hours. The scheme covers intimate images, threats to share them and deepfakes, and the Commissioner can take action against platforms that repeatedly breach their own rules.
Penalties for the people who share
Perpetrators who post or threaten to post intimate images can face civil penalties of up to A$111,000 under the scheme. The Commissioner dealt with thousands of complaints about non-consensual intimate images in a single year, which shows how common the problem is, and that it is not something to feel isolated about.
Criminal law and deepfakes
The Criminal Code Amendment (Deepfake Sexual Material) Act 2024 created a federal offence for sharing sexually explicit deepfakes of real people without their consent, with serious prison penalties. States and territories also have their own intimate image offences, so more than one law can apply.
Typical situations
Most cases involve a former partner, stolen or hacked material, or AI-generated images made from ordinary social media photos. Because deepfakes can be made without any intimate image ever having existed, the law now looks at the lack of consent, not just how the image was obtained.
Avoid instant-deletion promises
No one can guarantee that content will not reappear. If someone is blackmailing you, stop engaging, keep the evidence and report it. Offers of guaranteed removal in exchange for upfront payment are a common scam.
Where to get support
You can contact police in your state or territory, and the eSafety Commissioner publishes guidance and support information for people affected. A lawyer can advise on civil and criminal options, and a specialist can manage the ongoing work discreetly. For a Canadian comparison, see our Canada guide. This is general information, not legal advice, and laws change, so check the current position for your situation.
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