Up to 3 Years Jail for Creating Fake or Real Intimate Images and Audio Without Consent; Fines or Jail for Refusing Court Orders to Delete Material
Criminal Code (Non-consensual Creation of Intimate Images and Audio Material) Amendment Bill 2026
Topics
child safety criminal justice criminal penalties digital technology police powers privacy public safety
Introduced by: The Hon Deborah Frecklington MP (LNP) — Attorney-General, Minister for Integrity, Minister for Justice
Links to official parliament websites
Effects of this bill
If this bill passes, it means that:
Creating an intimate image or audio recording of someone without their consent is now a crime. This includes using AI or other digital tools to generate fake intimate material or alter existing files. A person convicted of this offence faces up to 3 years jail.
The law now bans threatening to create intimate images or audio, and threatening to distribute intimate audio. These threats must be made without consent and be likely to cause the victim distress and fear.
The crime of distributing intimate images now also includes the distribution of intimate audio recordings.
Judicial officers can order a person to give police the information needed to access a digital device if they suspect it contains evidence of non-consensual intimate material.
The court can make a rectification order to force a person to remove, delete, or destroy intimate images or audio. This can happen while a person is still charged with a crime. Failing to follow a rectification order carries a fine or up to 2 years jail.
The court can issue a non-contact order for up to five years if an adult is convicted of an offence involving intimate material. This can ban the offender from contacting the victim or visiting certain places.
People convicted of creating or distributing intimate material against a child or vulnerable person may be banned from working with children or people with disabilities.
Law enforcement and correctional officers are not criminally responsible for creating intimate material if they were acting reasonably in the course of their duties.
A person charged with creating intimate material has a legal defence if they can prove the conduct was reasonable and for a genuine purpose, such as for medical, legal, scientific, educational, artistic, or public benefit reasons.
Evidence that a court ordered the removal of intimate material, or whether the person complied with that order, cannot be used in court unless the trial is specifically about the failure to comply with that order.
New rules regarding the creation of intimate material and the court's power to order its removal apply to offences committed both before and after this law starts.