Sexual Deepfake cases in Australia increase by 550% annually, says eSafety Commissioner

eSafety Commissioner Julie Inman Grant disclosed that sexual deepfakes have surged by over five times annually on average since 2019.

Deepfakes refer to bogus videos and images of an individual where their face or body has been digitally altered by software or AI (artificial intelligence) to make them appear as someone else.

“There’s notable and troubling data indicating that explicit deepfakes have risen on the internet by as much as 550 percent year on year since 2019,” Ms. Inman Grant stated at an inquiry hearing on July 23.

“Pornographic videos make up 98 percent of the deepfake material currently online, and 99 percent of that content features women and girls.”

The Commissioner also emphasized that deepfake image-based abuse was becoming more widespread and distressing for victim-survivors.

Simultaneously, Ms. Inman Grant elucidated the obstacles faced by law enforcement in addressing sexual deepfakes.

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According to the Commissioner, AI-generated deepfakes were beginning to inundate both investigators and support hotlines as this content could be created and disseminated quicker than it could be reported, evaluated, and analyzed.

Under the proposed legislation, individuals sharing non-consensual sexual deepfakes could potentially face up to six years in prison.

Moreover, those involved in both the creation and distribution of such content would be subject to a maximum punishment of seven years.

However, it is important to note that the bill does not penalize the creation of sexual deepfakes if they are not shared.

The bill has already passed the lower house in early July and now awaits approval from the Senate to become law.

eSafety Supports Sexual Deepfake Legislation

During the hearing, Ms. Inman Grant expressed her endorsement for the legislation as it would bolster her agency’s efforts to combat abusive materials on the internet.

“Criminalizing these actions is wholly justified, serving as a crucial deterrent while expressing our collective moral aversion to this type of behavior,” she remarked.

“I believe that the bill significantly enhances the existing interconnected civil powers and proactive safety measures advocated by eSafety,” she added.

Under the current Online Safety Act, eSafety possesses the authority to mandate tech firms to remove offensive materials.

With the rise of AI technology, the online content regulator has taken steps to ensure that synthetic materials and deepfakes are encompassed within all four of its complaint schemes.

“This includes all of our online consent schemes that address child sexual abuse and pro-terrorism content, image-based abuse, adult cyber abuse, and youth-based cyberbullying,” Ms. Inman Grant stated.

“And we have now received reports of deepfakes in every scheme except for the adult cyber abuse scheme.”

When asked whether the criminalization of deepfake offenses would assist authorities in pursuing companies that actively promote sexual deepfake apps, the Commissioner expressed uncertainty.

“I’m unsure of how the mechanics of criminalization will operate. Will executives based in Australia be jailed, or would fines and penalties be imposed?” she pondered.

“I tend to believe that criminal provisions would serve as a more effective deterrent and means of punishing wrongdoers.”