What does it mean to share sexual material without consent online?
What is the new deepfake law in Australia?
The new offence of using a carriage service to transmit sexual material without consent under section 474.17A of the Criminal Code Act 1995 (Cth) commenced on 3 September 2024. It targets the transmission of sexually explicit material involving adults without consent, including non-consensual deepfake content created or altered using digital technology.
This represents a major update to Commonwealth online safety laws, closing gaps in existing offences to address the growing use of artificial intelligence in the creation and sharing of sexual material.
What is the penalty for sharing sexual material online without consent?
The offence of using a carriage service to transmit sexual material without consent is set out in section 474.17A of the Criminal Code Act 1995 (Cth). It is a Commonwealth offence, meaning it applies across all Australian states and territories and is prosecuted by the Commonwealth Director of Public Prosecutions (CDPP). The law commenced on 3 September 2024 and carries a maximum penalty of 6 years imprisonment, or 7 years for aggravated offences, such as when the material was created or altered by the accused.
Key points
Legislation – Criminal Code Act 1995 (Cth) s 474.17A
Maximum penalty – 6 years imprisonment (7 years for aggravated offences)
Commencement – 3 September 2024
Jurisdiction – Commonwealth offence prosecuted by the CDPP
Applies to – all Australian states and territories
The penalty increases to 7 years imprisonment in certain situations, including where the accused:
created or altered the material; or
committed the offence after being subject to three or more civil penalty orders under the Online Safety Act 2021.
These provisions recognise the seriousness of creating synthetic sexual content and repeat offending in the online environment.
What does the prosecution need to prove for a deepfake offence?
To establish this offence, the prosecution must prove that:
A person used a carriage service (for example, the internet, social media, or mobile network) to transmit material of another person;
The other person is, or appears to be, 18 years of age or older;
The material depicts, or appears to depict:
the person engaging in a sexual pose or activity; or
the person’s sexual organs or anal region; or
if the person is female, her breasts; and
The accused knew the other person did not consent to the transmission, or was reckless as to whether they consented.
The prosecution must prove each of these elements beyond reasonable doubt.
Does the law apply to AI-generated or deepfake images?
Section 474.17A(2) specifically provides that it is irrelevant whether the material has been created or altered using technology. This includes material that:
has been edited or generated by artificial intelligence, and
depicts a realistic but false image, video, or audio of a person.
This means it is an offence to share AI-generated or “deepfake” sexual content of a real person without their consent, even if no real sexual act occurred.
How do I defend a charge of using a carriage service to transmit sexual material without consent?
It is not an offence if transmitting the material was:
necessary for law enforcement, monitoring compliance, or investigation of an offence;
for use in court or tribunal proceedings;
for a genuine medical or scientific purpose; or
reasonable in the circumstances, having regard to factors such as:
the nature of the material;
the circumstances of the transmission;
the age, vulnerability, or relationship of the person depicted; and
the effect on that person’s privacy.
A defendant bears an evidential burden in relation to these exclusions, meaning they must present or point to evidence supporting the exception before it can be considered.
What should I do if police contact me about deepfake or online sexual images?
If you are under investigation or have been contacted by police about deepfake or online sexual content, it is critical that you:
Do not speak to police without a lawyer present;
Preserve all electronic evidence, including devices, messages, and metadata; and
Seek immediate legal advice before making any statement or providing access to your devices.
Commonwealth online offences often involve digital forensics and cross-border investigations. Early advice from experienced defence lawyers can make a significant difference to the outcome.
Why is early criminal law advice important for cybercrimes?
Our firm has extensive experience in defending clients charged with Commonwealth and computer-related offences, including offences involving online communications, image-based abuse, and the use of carriage services.
We assist clients at every stage - from police interviews and bail applications to trial and sentence, focusing on achieving the best possible outcome while understanding the need to minimise the impact on your reputation, job, and future.
Frequently asked questions - Deepfakes
Can I be charged if the image was fake or AI-generated?
Yes. The law applies even if the material was entirely created using artificial intelligence or altered in any way.
What is considered a ‘carriage service’?
This includes any service that carries communications by means of guided or unguided electromagnetic energy, such as the internet, social media platforms, and mobile phone networks.
Is it a defence if the person consented previously?
Consent must exist at the time of transmission. Prior consent to different material or earlier sharing does not necessarily apply.
What if the image was shared as a joke?
Recklessness includes not giving any thought to whether the person consents. Sharing intimate or deepfake material ‘as a joke’ could still meet the elements of the offence.
Choosing the best cybercrimes lawyer Brisbane
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The information on our website is general in nature and does not constitute legal advice. Please contact our criminal law team for specific advice about your case.
Last updated November 2025