NSW deepfake & image-based abuse charges

New South Wales has continued to strengthen its criminal laws targeting image-based abuse, including AI-generated “deepfake” material.

Recent amendments to the Crimes Act 1900 (NSW) make it a criminal offence to create, distribute, or threaten to distribute sexually explicit images, video or audio of a person without their consent, including digitally altered or AI-generated content.

This is not limited to traditional “revenge porn”. It now captures:

AI-generated sexual images depicting a real person
Digitally manipulated intimate material
Threats to distribute such content
Non-consensual recording of intimate material

These provisions apply to conduct occurring on or after 16 February 2026.

The Penalties

If convicted, you face:

Up to 3 years’ imprisonment
A fine of up to $11,000
Or both

Courts may also order the removal or deletion of material. Failure to comply with such an order can result in further imprisonment.

These matters are treated seriously by NSW Police and the Courts, particularly where digital evidence, metadata, device seizure, and online communications are involved.

If you have been charged

Allegations involving image-based abuse are often legally and technically complex. Key issues frequently arise concerning:

Whether consent existed
Whether the accused created or distributed the material
Whether the material meets the statutory definition
Identification of the person depicted
Digital authorship and forensic evidence
Proper purpose exemptions
Lawfulness of police search and seizure

Early intervention is critical. What you say, or post, after being charged can materially affect your case.

If you are under investigation or have been charged, do not participate in a police interview without legal advice.

Victims of image-based abuse

If you believe you are the victim of image-based abuse, it is important to act quickly and obtain legal advice. It can be helpful to preserve evidence by taking screenshots of the material, including URLs, profiles, and any associated messages or threats. You can consider making a report to the eSafety Commissioner and to the NSW Police. It is also important to secure your online accounts by updating passwords, tightening your privacy settings, and limiting access to personal photographs that may be misused.

Criminal defence representation

We act for clients across NSW facing serious criminal charges in the Local and District Courts.

If you have been charged with an image-based abuse or deepfake offence, contact Kevin Noble at Baker Love Lawyers immediately for strategic criminal defence advice.

Early advice can make a decisive difference to the outcome of your matter.