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.
