A loophole in proposed Queensland laws targeting non-consensual sexually explicit AI deepfakes could let predators escape with lesser convictions, the state’s Victims’ Commissioner has warned, as attorney-general Deb Frecklington said the government was ensuring laws kept pace with technology.
The legislation, introduced to state parliament last month, would criminalise the creation of non-consensual sexually explicit images or audio through AI or other digital technology, carrying a maximum penalty of three years for adults and 18 months for children.
In a parliamentary committee submission, Victims’ Commissioner Kate Connors welcomed the crackdown but raised concerns that the new offence could overlap with existing child exploitation laws, which currently carry up to 20 years in prison for adults creating sexually explicit deepfakes of children.
Connors submitted that the new legislation could overlap with child exploitation laws, “which means an offender could theoretically plead to the lesser new offence”. She said this could mean the offender received a lesser sentence and did not fall under the reportable sex offender scheme. She recommended the proposed AI deepfake laws not apply to adults who offend against minors.
Addressing parliament, Frecklington said deepfake content “humiliates the victims who have been depicted without their consent”, adding that the government was ensuring laws kept pace with technology. “The target of every deepfake image is a real person — increasingly, a young person whose natural vulnerabilities and often tenuous grip on self-esteem and confidence collapse with the viral spread of hyper realistic images, videos and audio that implicate them.”
Connors also called for the laws to go further, noting they were limited to sexually explicit material and did not cover humiliating or degrading depictions. “In school environments, anecdotally, many cases which cause harm include content designed to humiliate and exclude and may not necessarily involve sexual content,” she submitted. “Limiting the offence to sexual content sends the message to victims of non-sexual deepfake harm that causes humiliation or degradation that their harm is not important.”
The legislation differs from interstate jurisdictions such as New South Wales and Victoria, where non-consensual intimate images or audio must be created with intent. Legal Aid Queensland submitted that changes were needed to ensure a person was not accidentally acting illegally, noting that “as drafted, a person who prompts a tool for a generic image could commit an offence carrying three years imprisonment because of a resemblance they neither intended nor knew of”. It called for an intent element to target “intentionally wrongful conduct rather than accidental, unintended or legitimate behaviours”.
The Queensland Sexual Assault Network accepted the rapidly evolving nature of the technology and called for training for first responders, and education in schools and the community.
The parliamentary committee will report back to the government before the legislation returns to state parliament for debate.
Analysis
Why This Matters
- The proposed laws are meant to protect victims from a growing scourge of AI-generated deepfake abuse, but if the loophole is not closed, offenders who create explicit material of minors could escape serious penalties.
- The debate over intent and scope will set a precedent for how Queensland balances criminalising harmful AI-generated content without catching legitimate behaviour.
- The outcome could influence similar legislation in other Australian states and territories.
Background
The Queensland government introduced the AI deepfake legislation last month to criminalise non-consensual creation of sexually explicit images or audio generated by AI or other digital technology. The bill carries maximum penalties of three years for adults and 18 months for children. The parliamentary committee is currently reviewing submissions before the bill returns for debate.
Key Perspectives
Deb Frecklington (Attorney-General): said the government was ensuring laws kept pace with technology, and that deepfake content humiliates victims depicted without their consent.
Kate Connors (Queensland Victims’ Commissioner): welcomed the crackdown but warned the new offence could overlap with child exploitation laws, allowing offenders to plead to a lesser charge and avoid the reportable sex offender scheme. She also called for the law to cover humiliating or degrading non-sexual deepfakes.
Legal Aid Queensland: submitted the bill lacks an intent element, meaning a person who prompts a tool for a generic image could inadvertently commit an offence.
Queensland Sexual Assault Network: accepted the technology’s rapid evolution and called for training for first responders and community education.
What to Watch
- The parliamentary committee’s report back to the government, which will shape amendments before debate.
- Whether the government introduces an intent element to avoid accidental offences.
- Whether the scope is expanded to cover non-sexual humiliating or degrading deepfakes, as Connors recommended.
Checked
12 claims in this story checked against 1 source: 12 supported.
Show each claim
- SupportedThe headline says a Queensland Victims’ Commissioner warned a loophole could let predators escape harsher sentences.Just In: “A loophole in proposed AI deepfake laws could see predators escape with lesser convictions, Queensland's Victims' Commissioner says.”
- SupportedConnors submitted that an offender could theoretically plead to the lesser new offence.Just In: “Ms Connors submitted the new legislation could overlap with child exploitation laws, "which means an offender could theoretically plead to the lesser new offence".”
- SupportedFrecklington said deepfake content “humiliates the victims who have been depicted without their consent”.Just In: “Addressing parliament, Ms Frecklington said deepfake content "humiliates the victims who have been depicted without their consent".”
- SupportedFrecklington said the target of every deepfake image is a real person, increasingly a young person whose self-esteem and confidence can collapse with viral spread.Just In: “The target of every deepfake image is a real person — increasingly, a young person whose natural vulnerabilities and often tenuous grip on self-esteem and confidence collapse with the viral spread of hyper realistic images, videos and audio that implicate them.”
- SupportedConnors said anecdotally, many harmful cases in schools involve content designed to humiliate and exclude and may not involve sexual content.Just In: “"In school environments, anecdotally, many cases which cause harm include content designed to humiliate and exclude and may not necessarily involve sexual content," she submitted.”
- SupportedConnors said limiting the offence to sexual content sends victims of non-sexual deepfake harm the message their harm is not important.Just In: “"Limiting the offence to sexual content sends the message to victims of non-sexual deepfake harm that causes humiliation or degradation that their harm is not important."”
- SupportedLegal Aid Queensland said a person prompting a tool for a generic image could commit an offence because of a resemblance they neither intended nor knew of.Just In: “"As drafted, a person who prompts a tool for a generic image could commit an offence carrying three years imprisonment because of a resemblance they neither intended nor knew of," the submission said.”
- SupportedThe proposed legislation would criminalise creating non-consensual sexually explicit images or audio using AI or other digital technology.Just In: “Legislation introduced to state parliament last month would criminalise the creation of non-consensual sexually explicit images or audio through artificial intelligence or other digital technology.”
- SupportedThe proposed offence carries maximum penalties of three years for adults and 18 months for children.Just In: “It would carry a maximum penalty of three years behind bars for adults, and 18 months for children.”
- SupportedAdults who create sexually explicit deepfakes of children currently face up to 20 years in prison under the existing child exploitation material offence.Just In: “She noted adults who created sexually explicit deepfakes of children would currently be charged under the existing offence of child exploitation material and face up to 20 years in prison.”
- SupportedConnors recommended the proposed AI deepfake laws not apply to adults who offend against minors.Just In: “Ms Connors recommended the proposed AI deepfake laws not apply to adults who offend against minors, to avoid the overlap.”
- SupportedThe proposed Queensland legislation differs from New South Wales and Victoria, where non-consensual intimate images or audio must be created with intent.Just In: “The legislation differs from interstate jurisdictions such as New South Wales and Victoria, where non-consensual intimate images or audio must be created with intent.”