The NSW Council of Civil Liberties and Scarlet Alliance, Australian Sex Workers Association submits that the Criminal Code Amendment (Deepfake Sexual Material) Bill 2024 fails to enhance the civil rights of the Australian public. Generative AI is an increasingly fast moving and adaptive technology. Any response to address the harm that can be caused through the abuse of this technology must be built on a holistic government approach, and not simply through increased criminal measures. Even where new criminal measures are enacted these must add to, and not cut across or confuse, the existing protection and legislative frameworks which already exist at federal, state and territory levels.
The issue of non-consensual dissemination of sexual material and deepfakes is complex and an approach to combatting harm that is solely focused on increasing criminalisation will not adequately prevent such harm, nor will it, more importantly, provide avenues to address the harm suffered by victims. Principally, a focus on increased criminalisation is reactionary in nature, and as this submission will demonstrate, measures taken to address the harm caused by the abuse of AI is more effective where a proactive approach to harm minimisation and eradication is taken.
The NSWCCL and Scarlet Alliance’s overarching submission is that the proposed legislation overlaps with existing legislation at a federal, state and territory level, and therefore to the extent of that overlap is unneeded. Further, the intent and focus of the Bill on increasing criminal penalties fails to recognise there are other more effective ways to prevent and minimise the harm caused by non-consensual dissemination of sexual material.
Our submission focuses on two areas. First, a critique of the proposed legislation. Second, analysis on how criminal legislation should play but one part in the ultimate pursuit of reducing and eliminating harm suffered by the abuse of AI.
The NSWCCL and Scarlet Alliance recommend that the Bill, and the issues associated with the Bill more broadly, would benefit from further consultation, research and engagement with experts. In its current form, the Bill should be rejected.
