Matt Burnell (Spence, Australian Labor Party) Share this | Hansard source

I rise today to speak in favour of the Criminal Code Amendment (Deepfake Sexual Material) Bill 2024. At the beginning of the previous sitting year, I remember the member for Bruce came into this place and delivered a speech that was, in part, the product of artificial intelligence. The member for Bruce, of course, disclosed this fact, for it was indeed part of illustrating the capability and role of artificial intelligence, the rapid pace of its evolution and how it can find its way into activities within our lives which have been occurring even prior to the advent of the digital age.

As we know, the humble art and science of speechwriting predates the invention of the computer, the typewriter and even paper as we conventionally know it. Now we can utilise generative artificial intelligence to create speeches, a whole raft of other documents, sounds including a person's voice and video including the likeness of a person. Subjects can be blissfully unaware of the production of those last two until the content is disseminated by its creator. The potential applications for these productions can be completely benign, humorous and even satirical, but they can also be malevolent. It is incumbent on governments and parliaments alike to act to deter and punish individuals to ensure that society can reflect on the criminal law keeping pace with technological adjustments.

This is the position we find ourselves in today with the measures contained within this bill. It is one that forms a crucial step in addressing one of the most insidious forms of abuse that has emerged in our digital age: the non-consensual creation and distribution of deepfake, sexually explicit material. Deepfakes generated through advanced artificial intelligence can create disturbingly realistic but entirely false depictions of individuals in compromising and degrading situations. This legislation aims to protect individuals, particularly women and girls, from the profound harm caused by these digital fabrications. Deepfakes are manipulated images, videos or audio recordings that depict individuals in situations they never actually experienced. The technology behind deepfakes has advanced rapidly, making it increasingly accessible and easy to use. This has led to a surge in the creation of deepfake content, much of which is sexually explicit and intended to humiliate, degrade and harm the victims. As noted by the Australian Federal Police Commissioner, we are facing a potential tsunami of AI-generated abuse material.

The impact of these deepfakes on victims is profound. They suffer from severe emotional distress, reputational damage and, in some cases, financial harm. The victims are often young women who find their likeness manipulated into explicit content that is then shared widely on the internet. This not only violates their privacy but also perpetuates harmful gender stereotypes and contributes to a culture of gender based violence. The emotional and physical toll on these victims cannot be overstated. Many suffer from anxiety, depression and a profound sense of violation. This is a form of abuse that leaves deep and lasting scars.

The Criminal Code Amendment (Deepfake Sexual Material) Bill introduces new offences to specifically target the non-consensual sharing of deepfake sexually explicit material. The key provisions of the bill include the creation of a new offence for transmitting sexually explicit material using a carriage service where the person depicted is an adult and has not consented to the transmission. This offence carries a maximum penalty of six years imprisonment. The use of a carriage service has evolved with its meaning over the course of time, but such is the nature of the law adapting to reflect technological change and capture future developments within its auspices. The bill also introduces aggravated offences with a maximum penalty of seven years imprisonment. These apply where the perpetrator was responsible for creating or altering the material or where they have a history of civil penalty orders under the Online Safety Act. These offences will cover both real material, such as unaltered images and recordings, and fake material, created or altered using technology, like deepfakes.

Existing laws have not kept pace with the rapid advancements in technology that enable the creation of deepfakes. The current definition of private sexual material does not explicitly extend to artificially generated content, leaving a significant gap in our legal framework. This bill addresses the gap, ensuring that those who exploit technology to create and disseminate harmful material are held accountable. The introduction of these new offences is a clear signal that the law must evolve to meet the challenges posed by new technology. Moreover, this legislation is a response to the growing public outcry against the misuse of deepfake technologies. Victims, community groups, and advocacy organisations have called for stronger protections against this form of abuse. The Albanese government's commitment to introducing these reforms reflects our dedication to safeguarding the dignity and rights of all Australians.

The need for such legislation is underscored by the numerous reports of deepfake pornography circulating online, often targeting young women and causing significant distress, even leading to self-harm and suicide. There have been numerous instances where individuals, particularly young women, have been targeted with deepfake pornography. For example, recent reports highlighted a case where students at a school were subjected to fake nude images circulated online. These incidents underscore the urgent need for robust legal protections. In another case, a female teacher found herself the victim of a deepfake attack, with manipulated images circulating amongst students and colleagues. These examples illustrate the profound harm that can result from the misuse of deepfake technology.

Law enforcement agencies, including the Australian Federal Police and the Commonwealth Director of Public Prosecutions, have provided critical input in shaping these reforms. Additionally, legal experts and victims-survivors have emphasised the importance of creating a legal deterrent against the creation and dissemination of deepfake pornography. The involvement of these stakeholders ensures that the bill is both comprehensive and effective in addressing the issue. This bill is part of a broader suite of measures aimed at tackling online harms.

The Albanese Labor government has been proactive in addressing various forms of digital abuse, particularly those targeting women and girls. These measures include increasing funding for the eSafety Commissioner, advancing the review of the Online Safety Act and committing to address harmful practices such as doxxing. These efforts demonstrate the Albanese Labor government's commitment to creating a safer online environment for all Australians.

The rapid growth of deepfake technology has created new challenges for law enforcement and policymakers. While artificial intelligence can have many positive applications, its misuse to create deepfake pornography represents a significant threat to individuals' privacy and dignity. This legislation ensures that our laws keep pace with technological advancements and provide robust protections against digital abuse. By criminalising the non-consensual sharing of deepfake sexually explicit material, we are taking a decisive step to protect individuals from digital abuse and to uphold their dignity and their privacy. The new offences introduced by this bill are designed to be both comprehensive and proportionate. They target the non-consensual sharing of both real and artificially generated sexually explicit material, ensuring that perpetrators can't evade responsibility by exporting gaps in the existing law.

The bill also includes specific defences to ensure the offences are targeted and do not overly criminalise legitimate activities. For example, the transmission of material necessary for law enforcement, court proceedings or genuine medical or scientific purposes is exempted from the purpose of this legislation. These defences are consistent with the existing exemptions in the Online Safety Act and ensure that the new offences are applied fairly and justly. It is important to note that this legislation does not intend to interfere with private communications between consenting adults. The government has no interest in regulating the private activities of adults who engage in consensual behaviour.

The focus of this bill is solely on the consensual creation and distribution of sexually explicit material. This distinction is crucial to ensure that the legislation is both effective and proportionate. By targeting the harmful and non-consensual use of deepfake technology, we are upholding the rights and dignity of individuals while respecting personal freedoms.

Whether it is in the transmission or the creation of such material, the knowledge that the subject has consented to being a part of it should remain vitally important as to whether it can be deemed to be lawful or otherwise. Reckless indifference as to whether someone has provided consent to be involved in any sexual activity—whether it involves them or their digital likeness and whether it is within cyberspace or outside of it—should always have a presumption of being unlawful.

The bill also addresses the issue of aggravated offences, which carry higher penalties for more serious conduct. These aggravated offences apply in cases where the perpetrator has previously been subject to civil penalty orders or similar conduct under the Online Safety Act and where they were directly involved in creating or altering material. By introducing these aggravated offences, the legislation provides a stronger deterrent against repeat offenders and those who engage in particularly egregious conduct. The inclusion of these higher penalties reflects the serious nature of the offences and the profound harm they cause to victims.

The introduction of this legislation follows extensive consultation with key stakeholders, including law enforcement agencies, legal experts and victim advocacy groups. This collaborative approach has ensured that the bill is both comprehensive and effective in addressing the issue of deepfake pornography. The feedback from these consultations has been invaluable in shaping the final provisions of the bill and ensuring that it meets the needs of victims and the broader community.

This process has also highlighted the widespread support for these measures and the urgent need for action. The importance of this legislation cannot be overstated. It sends a clear message that the non-consensual creation and distribution of sexually explicit material is unacceptable and will not be tolerated. It provides a robust legal framework to hold perpetrators accountable and protect victims from digital abuse. This is not just a legal issue but a moral imperative. As a society we must stand against the misuse of technology to harm and exploit individuals. This legislation is a critical step in that direction, and I am proud to support it. By working together, we can create a safer and more respectful online environment for everyone.

The issue of deepfake technology and its misuse is not confined to Australia. It is a global problem that requires international cooperation and collaboration. We must work with other nations to develop and enforce standards that protect individuals from the harmful use of deepfake technology. By leading the way with this legislation, Australia can set an example for other countries to follow. This global approach is essential to effectively combat the spread of deepfake pornography and to protect individuals worldwide. Additionally, legal experts and victims-survivors have emphasised the importance of creating a legal deterrent against the creation and dissemination of deepfake pornography. The involvement of these stakeholders ensures that the bill is both comprehensive and effective in addressing the issue.

Moreover, it is essential to continuously evaluate and adapt our legal frameworks as technology evolves. Though we must continue to develop innovative legal solutions to address the dynamic challenges posed by emerging technologies, we must explore avenues to enhance digital literacy, strengthen cybersecurity measures and promote responsible AI development as it continues to evolve and improve its ability to learn and execute even more complex commands and functions. We need to ensure they follow society's expectations. Ensuring the creators and the end users of this technology are not just ethical but that they uphold community values and expectations is important, given that artificial intelligence itself isn't ethical or moral of its own accord. This bill lays a foundation for future efforts to combat digital abuse through collaborative efforts between government, industry and civil society. We can create a digital environment that prioritises safety, privacy and dignity for all Australians, whether they're public figures or just someone who, like all of us should, have an expectation that if anyone were to create and transmit sexually explicit deepfake-generated content without their consent, then such conduct would be defined explicitly as criminal behaviour. Perpetrators of this conduct must know that what they're doing is not just unethical or morally reprehensible but also that it's something that's illegal—and that this criminal behaviour is of such a nature that it deserves to be condemned both by the government of Australia and the people Australia insofar that, when prosecuted, their actions are punished. And that punishment should also provide a strong deterrent not just for themselves but for others out there who might attempt to do the same to someone else in the future.

In closing, I want mums and dads—fathers and mothers—brothers and sisters to know that we have an obligation to educate our young people in society and to ensure that we uphold the values we all expect. This type of behaviour needs to stop. I commend this bill to the House.

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