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New NSW law on deepfake – what parents and carers should know

As technology evolves, so do the risks, and young people may not be aware how serious something that started as a joke can become serious.

Parents and carers can support their children by talking about image-based abuse and explaining the significance of the new legal consequences as well as the risk of seriously harming someone’s mental health and wellbeing.

The to better protect people from image-based abuse to include deepfakes to target the growing misuse of AI and other emerging technologies to harm, shame or control others.

While Artificial intelligence (AI) is opening possibilities, it’s also being used in harmful ways. One of the most serious risks is using AI to create deepfake digital images, videos, and/or audio that look and sound real but are fabricated or manipulated to show someone doing or saying things they never did.

What the new law is about

  • It is a criminal offence to produce or distribute sexually explicit deepfakes of a real, identifiable person without their consent, or threaten to do so.
  • It is also an offence to share this type of content or threaten to do so, even if the person hasn’t created them personally.
  • These offences can carry penalties of up to three years’ imprisonment, a fine of $11,000 or both
  • .Courts can also order offenders to remove harmful content, with penalties for not complying of up to two years imprisonment, a fine of $5,500 or both..

What to do if you suspect a crime has been committed

  • If you suspect a crime has been committed, report it to or call 131 444.
  • Follow the guidelines in eSafety’s the wellbeing of young people is the primary concern.
  • To get the content removed, report it to . They can work with online platforms to take down the material. A police report or court order is not required.
  • NSW Police can investigate and, if appropriate, charge and prosecute alleged offenders.
  • Additional urgent support is available from the NSW Sexual Violence Helpline on 1800 424 017. 

Resources to help you support your child

Immediate support

Teaching your child about safe online behaviour

Here are resources to provide parents and carers practical guidance on online safety, reporting harmful content, and supporting young people in the digital world.

Teaching safe online behaviour in schools

  • Schools teach about and actively promote safe online behaviours.
  • Image-based abuse is addressed through mandatory parts of the NSW Development, Health and Physical ÌÇÐÄvlog¹ÙÍø (PDHPE) K-6 and 7-10 syllabus.
  • In respectful relationships education, students learn about consent, privacy, respectful relationships, and online harms starting from primary years. 
  • In addition, programs developed by NSW and Australian Government agencies complement mandatory curriculum delivery. 

For more information visit the

Category:

  • Communication and engagement
  • Student management and wellbeing

Topics:

  • Incident response

Business Unit:

  • Communication and Engagement
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