Sam Lim (Tangney, Australian Labor Party) Share this | Hansard source

Today, I rise to present on a crucial piece of legislation on behalf of the Albanese Labor government. The Criminal Code Amendment (Deepfake Sexual Material) Bill 2024 is a bill that addresses a rapidly growing threat to privacy, dignity and safety—the non-consensual sharing of deepfake sexually explicit material.

As a former police officer who has witnessed firsthand the devastating impact of digital manipulation on individuals' lives, I can attest to the urgent need for these reforms. Digitally created and altered sexually explicit material, particularly deepfakes, represents a sinister form of abuse that targets women and girls. It not only violates their privacy but also inflicts deep emotional and psychological harm.

Under the proposed amendment to the Criminal Code Act 1995, we are taking decisive action to modernise our law and impose serious penalties on those who perpetrate these egregious acts. This legislation introduces new offences specifically targeting the transmission of sexually explicit material without consent utilising technologies like artificial intelligence to create or alter such content. The gravity of these offences is reflected in the penalties we propose: up to six years' imprisonment for transmitting sexually explicit material without consent and seven years imprisonment for aggravated offences where the perpetrator also created the material. These penalties underscore our commitment to deterring and punishing those who engage in this disgraceful conduct. This initiative aligns with a broader commitment to combating online harms, particularly those that disproportionately affect women and young girls.

Our government on 1 May 2024 publicly pledged to introduce a comprehensive suite of measures to safeguard vulnerable individuals from digital exploitation and abuse. The amendment proposed in this bill recognises that assisting law in adequately addressing artificially generated materials such as deepfakes. By repealing outdated provisions and introducing updated offences, we ensure that our legal framework remains responsive to evolving technologies and the harm it can perpetrate.

It is important to emphasise that this reform does not infringe on private communications between consenting adults or interfere with lawful sexual relationships. We have carefully crafted specific defences to ensure the legislation targets only nonconsensual acts and is proportionate in its application. Moreover, these reforms extend protection to adults depicted in the material, whether it is of a real person or a digital application. This inclusive approach is crucial in safeguarding individuals from the malicious use of technology to degrade, humiliate and perpetuate harmful stereotypes.

As someone who has personally experienced the malicious misuse of technology, I am compelled to share a personal reflection that has shaped my unwavering commitment to these reforms. As a former police officer and now a member of parliament, I have experienced firsthand the distressing misuse of my image and my identity on platforms designed to deceive and defraud. This violation left me feeling helpless and deeply frustrated by the inadequacy of existing legal protections. I have encountered instances where my own image and identity were exploited on scam platforms, subjected to identity theft and used in an attempt to tarnish my reputation. These experiences have deeply informed my understanding of the urgent need for robust protection against digital exploitation and abuse.

The legislation we are proposing today is not just about legal frameworks; it's about safeguarding the identities and reputations of everyday Australians. In a world where modern AI technology is advancing at a rapid, rapid pace, we must put in place strong guardrails and protective mechanisms. Deepfake technology poses a significant threat by allowing the creation of convincing and realistic, but entirely fabricated, images and videos. These can be used to deceive, defame and harm individuals, with devastating consequences. I can only begin to imagine the amplified sense of violation and devastation experienced by individuals, particularly women, who are targeted by deepfake technology for sexually explicit material.

The deliberate creation and dissemination of manipulated images and videos without consent represents a profound betrayal of trust and flagrant disregard for personal autonomy. The lack of adequate legal safeguards exacerbates the harm inflicted upon victims of such heinous acts. It is incumbent on us, as representatives of the community, to rectify this glaring gap in our legal framework and to provide robust protection against the insidious threat of digital exploitation. The reforms we propose today aren't just about updating statutes; they're about restoring dignity, ensuring justice and fortifying our defences against evolving threats in the digital age. By criminalising the non-consensual sharing of deepfake sexually explicit material, and by imposing significant penalties, we send a clear message that such behaviour will not be tolerated in our society. Moreover, these amendments are testament to our commitment to gender equality and to the protection of vulnerable individuals. They reflect our collective responsibility to dismantle the mechanism of gender based violence, and to empower victims to seek justice and reclaim their narratives.

My own encounters with this issue have reinforced my commitment to ensuring that our law evolves to keep pace with technological advancement. The amendments we're presenting to the Criminal Code are crucial steps forward in this regard. By explicitly criminalising the non-consensual sharing of deepfake sexually explicit material, we are sending a clear message that perpetrators will face serious consequences for their actions. It isn't just about protecting privacy; it's about protecting human dignity. The dissemination of manipulated images and videos without consent is a violation that can have profound and lasting effects on victims, perpetrating harm long after the image is shared. Our legislation acknowledges this harm and aims to provide meaningful help for those affected.

Furthermore, these reforms are essential in combating the insidious work of scammers and fraudsters, who exploit digital technologies for personal gain. By establishing clear boundaries and penalties, we strengthen our defences against those who seek to deceive and manipulate for malicious purposes.

In conclusion, the passage of this bill is not merely a legal obligation; it is a moral imperative. It sends a clear message that Australia stands firm against digital exploitation and affirms our commitment to protecting the dignity and rights of every Australian. I urge all members of this House to support this vital reform and to stand together in defence of justice, privacy and human dignity.

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