New Australian laws will make it a crime to distribute non-consensual deepfake pornography – but there are deeper issues at play, experts say
Amelia and April Maddison photographed on the Gold Coast this month. The twins, who make content for Instagram and OnlyFans, have had their images stolen to make a custom generative AI model.Amelia and April Maddison photographed on the Gold Coast this month. The twins, who make content for Instagram and OnlyFans, have had their images stolen to make a custom generative AI model.April is one half of the Maddison twins.
While the government pushes ahead with new rules, deepfakes are already being tackled with existing laws – but they are not always easily enforced.The distribution of deepfake pornography without the consent of the person it depicts would likely be a crime in most states and territories already, according to Dr Nicole Shackleton, lecturer in law at RMIT university. However, she says federal legislation could fill the gaps.
“There are existing offences that criminalise the sharing of private sexual material online to menace, harass or offend others,” he said. Patterson says more resources should also be devoted to digital literacy, so that people can learn to spot deepfakes. “These are real safety issues that surely deserve a more considered, comprehensive, and less reactive approach,” she says.For the Maddison twins, there are also concerns an AI model producing their likeness could impact how they make a living.
The CivitAI model page warned: “Due to the training data, this might produce nudity if not appropriately prompted.”
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