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In NSW, it is a crime to create or share, or threaten to share, sexually explicit images, videos or audio of someone without their consent. This includes content that has been digitally altered or generated by artificial intelligence (AI) to place a person in a sexual situation they were never in – commonly known as deepfakes.
In 2025, the NSW Government strengthened protections against the non-consensual recording or sharing of sexual content by amending the Crimes Act 1900. The Act already covered sexually explicit image material but now includes digitally-generated deepfakes. This means that it is a crime in NSW to create or share sexual images or audio without consent – regardless of how they were made. It is also a crime to threaten to make such material.
This law works alongside existing child abuse material laws to protect young people. Under criminal law, any material that depicts a person under 18 in a sexually explicit way can be considered child abuse material, including AI-generated material.
These reforms help prevent the misuse of AI and deepfake technology to harass or shame people using fake digital content. NSW criminal law works alongside national frameworks and bodies. This includes the eSafety Commissioner, who regulates the online environment and supports people to have safer online experiences.
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