Source: ABC News

Queensland has introduced legislation proposing a criminal offence for creating non-consensual sexually explicit images or audio using AI or other digital technology. The reported maximum penalties under the proposal are three years’ imprisonment for adults and 18 months for children. Victims’ Commissioner Kate Connors supports legislative action but warned a parliamentary committee about potential overlap with child exploitation offences. According to Connors’s submission, adults creating sexually explicit deepfakes of children currently face prosecution under an existing offence carrying up to 20 years’ imprisonment. Connors argued that the overlap could theoretically allow an offender to plead to the proposed lesser offence, receive a lower sentence and avoid the reportable sex offender scheme. Connors recommended excluding conduct by adults against minors from the proposed offence to prevent that overlap.

Connors also urged broader coverage because the proposal addresses sexually explicit material without covering other humiliating or degrading depictions. Connors cited anecdotal school experiences involving harmful, nonsexual content intended to humiliate or exclude people. Legal Aid Queensland separately called for an intent requirement to address the risk of unintended criminal liability. Legal Aid Queensland warned that a generic AI-generated image might resemble a person without the creator intending or knowing of that resemblance. The Queensland Sexual Assault Network sought stronger support through first-responder training and education in schools and the community. A parliamentary committee is due to report to the government before the proposed legislation returns to state parliament for debate.