Intimate Images Offences and Deepfakes (NT)
In recent years, many states and territories have amended their criminal laws in response to the increasing prevalence of offences involving the creation and distribution of intimate images generated by AI technology. In the Northern Territory, there are no criminal laws that explicitly mention AI-generated or ‘deepfake’ content; however, offences involving the non-consensual sharing of intimate images may be applied to deepfake content. This page outlines the offences involving intimate images in the NT.
Legislation
The Criminal Code Act 1983 contains a number of images that relate to the recording, capturing, distribution and threatened distribution of intimate images of a person without their consent. These offences are contained in Division 7A of the Act.
What is an intimate image?
The Act defines an intimate image as including an image that depicts or has been altered to appear to depict:
- a person engaged in a sexual act that is not ordinarily seen in public
- a person in a manner or content that is sexual
- the genital or anal region of a person, whether bare or covered by underwear
- a breast, whether bare or covered by underwear.
This definition implicitly encompasses images that have been generated through AI technology as it includes ‘images that have been altered.’
What are deepfakes?
Deepfakes are synthetic media—most often videos, images, or audio—created or manipulated using artificial intelligence to realistically depict someone doing or saying something they never actually did.
The technology uses deep learning (especially generative adversarial networks, or GANs) to blend and replace faces, alter voices, or fabricate entire scenes with convincing realism.
Deepfakes may be made for a range of purposes. They may be used to create misinformation, such as by depicting a politician saying something they have never actually said, or to carry out a scam or impersonate someone. They are also commonly used to create pornographic content that features a person without the person’s consent.
Deepfakes can also be used for harmless purposes such as satire and entertainment.
Offences
In the NT, there are three offences that could be charged in response to the use of deepfakes.
Distribution of intimate images
Under section 208AB, it is an offence to distribute an intimate image of a person without that person’s consent.
This offence carries a maximum penalty of three years imprisonment.
Threatened distribution of intimate images
Under section 208AC, it is an offence to intentionally threaten to distribute an intimate image of a person without that person’s consent, and to intend the other person to fear that the threat will be carried out.
This offence carries a maximum penalty of three years imprisonment.
Failure to comply with rectification order
If a court finds a person guilty of an offence involving the use of intimate images, it may order them to take reasonable action to remove, recover, delete or destroy the images within a stated period.
Failure to comply with such an order is an offence punishable by a maximum of two years imprisonment.
Other jurisdictions
Different states and territories have taken different approaches to legislating on the use of deepfake images. In Victoria and South Australia, laws explicitly refer to content generated using AI technology; in other jurisdictions, such content is covered implicitly.
New South Wales is currently considering legislation that explicitly includes deepfake content in its definition of intimate images.
Conclusion
The increasing use of deepfake content is of concern because of the infringements on privacy that it entails, the social and psychological impacts of digital abuse on victims, and the loss of faith in the media that may result from the prevalence of inauthentic content.
Many governments are amending their laws to ensure that criminal charges can be laid and proven when deepfake content is produced and disseminated. In the Northern Territory, existing offences can be applied to offences using deepfake technology.
If you require legal advice or representation in any legal matter, please contact Go To Court Lawyers.
Fernanda Dahlstrom is a writer, editor and lawyer. She holds a Bachelor of Laws (Latrobe University), a Graduate Diploma in Legal Practice (College of Law), a Bachelor of Arts (The University of Melbourne) and a Master of Arts (Deakin University). Fernanda practised law for eight years, working in criminal law, child protection and domestic violence law in the Northern Territory, and in family law in Queensland.