Artificially Generated Content (SA)

In October 2024, South Australia passed the Summary Offences (Artificially Generated Content) Amendment Bill 2024, criminalising the creation and distribution of humiliating, degrading, or invasive deepfake content. The Bill defines artificially generated content and introduces several offences involving the use of such content. This page outlines the criminal law in South Australia surrounding the use of deepfake material since the changes.

Deepfake material

Deepfake material refers to media—images, videos, audio, or text—that has been artificially generated or manipulated using artificial intelligence (AI), especially machine learning techniques, to create content that appears real but is fabricated.

It has been possible to generate deepfake material since 2017 but in the last several years, its creation and distribution have become more common. Deepfakes are produced of politicians and celebrities giving speeches they have never given, to carry out scams and to impersonate people. However, the most common use of deepfakes is to create pornographic material that appears to depict a real person without that person’s consent.

The new laws criminalise the creation and distribution of such material.

What is artificially generated content?

The legislation defines artificially generated content as audiovisual, audio or visual content that:

• is generated wholly by artificial intelligence; or
• is created by a person or persons solely using digital technology.

The legislation defines a ‘humiliating or degrading depiction’ as content that depicts:

• an assault or other act of violence against or by a simulated person; or
• an act done by or to the simulated person that reasonable adult members of the community would consider to be humiliating or degrading.

The legislation defines an ‘invasive’ depiction as a depiction of a female with bare breast that are visible, or a depiction of a person with bare genital or anal region.  

Creation of material

Section 26G of the Summary Offences Act 1953 makes it an offence to create a humiliating or degrading, or an invasive, depiction of a person.

This offence carries a maximum penalty of a fine of $10,000 or imprisonment for two years. If the person depicted is under the age of 17 and the depiction is invasive, the maximum penalty increases to a fine of $20,000 or imprisonment for four years.

Distribution of material

Section 26H of the Summary Offences Act 1953 makes it an offence to distribute a humiliating or degrading, or an invasive, depiction of a person.

This offence carries a maximum penalty of a fine of $10,000 or imprisonment for two years. If the person depicted is under the age of 17 and the depiction is invasive, the maximum penalty increases to a fine of $20,000 or imprisonment for four years.

Threat to distribute material

Section 26I of the Summary Offences Act 1953 makes it an offence to threaten to distribute a humiliating or degrading, or an invasive, depiction of a person if the offender intends to arouse a fear that the threat will be carried out or is recklessly indifferent as to causing such a fear.

This offence carries a maximum penalty of a fine of $5,000 or imprisonment for one year.

If the image is an invasive image and the person depicted is under the age of 17 or the threat is made to a person under 17, the maximum penalty increases to a fine of $10,000 or imprisonment for two years.

Responses to the changes

The Bill received bipartisan support in the SA Parliament, with all parties recognising the need for updated laws to address the misuse of AI. MP Connie Bonaros described the technology as ‘the fastest-growing threat to women and girls online today.’

Police and lawyers anticipate challenge in the enforcement of the new laws, including in identifying perpetrators and establishing how deepfake technology has been used. Community groups have called for public awareness campaigns to educate the community about the new laws and the risks of deepfake technology.  

Other jurisdictions

Similar changes have been made to the laws of many Australian states and territories. In some states, specific offences have been introduced to address the use of deepfake technology, while in other states, existing offences have been expanded to capture behaviours involving deepfakes.

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