NSW Fines or Up to 3 Years Jail for Making or Threatening to Make Fake Intimate Images or Audio

Crimes Amendment (Intimate Image and Audio Material) Bill 2025

Legislative Assembly

Legislative Council

Assent

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Introduced by: Michael Daley MP (ALP); The Hon Daniel Mookhey MLC (ALP)

Effects of this bill

If this bill passes, it means that:

People can be fined or jailed for up to 3 years if they intentionally change a person's image or audio to make it intimate without their consent.
People can be fined or jailed for up to 3 years if they intentionally create intimate images or audio of a simulated person without the real person's consent.
People can be fined or jailed for up to 3 years if they threaten to create or alter intimate images or audio to make someone fear the threat will happen.
The law now covers digitally generated material; this includes generative AI.
Prosecutors must get approval from the Director of Public Prosecutions before starting a case against someone under 16 for these offences.
The Attorney-General must review these laws after 12 months and give a report to Parliament within 18 months of the law starting.

The Debate

What different members said when this bill was debated:

Susan Carter LIB

“The Opposition is happy to support the Crimes Amendment (Intimate Image and Audio Material) Bill 2025. We welcome its introduction to the House and recognise that it is a good start to deal with this important issue. But it is only a start, and more work needs to be done.”

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Abigail Boyd GRN

“The Greens support the Crimes Amendment (Intimate Image and Audio Material) Bill 2025, which brings New South Wales into line with other jurisdictions in Australia by making it a crime to create and distribute sexually explicit material made or altered using artificial intelligence without consent, also commonly known as sexual deepfake materials.”

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Natasha Maclaren-Jones LIB

“I contribute to debate on the Crimes Amendment (Intimate Image and Audio Material) Bill 2025. In 2016 I chaired the Standing Committee on Law and Justice inquiry into remedies for the serious invasions of privacy in New South Wales.”

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Emily Suvaal ALP

“I acknowledge the goodwill of all members and our shared purpose in advancing this important reform, which is critical to ensuring that the criminal law responds appropriately to evolving technology. It is just as harmful to create and share deepfake sexual images and audio material as it is to record and share real intimate images where the subject of that material does not consent.”

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News articles and press releases

Crimes Amendment (Intimate Image and Audio Material) Bill 2025

Mr MICHAEL DALEY, Attorney General — 2025-08-07

The bill will criminalise three key behaviours in relation to sexually explicit deepfakes. Firstly, it will criminalise the creation of intimate image or audio material that is digitally generated and criminalise the alteration of material to be intimate image or audio material where such creation or alteration is done without the consent of the subject of the image. Currently, it is only unlawful to distribute altered images. Secondly, it will criminalise the distribution of wholly digitally generated intimate image or audio material without the consent of the subject. Thirdly, it will criminalise threatening to engage in the behaviours I have just mentioned. The bill will also expand all offences to cover sexually explicit audio material in the same way as intimate images.