The State Government is currently consulting on deepfake regulation.

We want to know your thoughts.

Should current legislation be altered?

Should the government create new legislation?

Or should no changes be made to existing legislation?

What are deepfakes?

Deepfakes refer to images, video or audio of a real person that have been edited, usually with AI technology, to create an extremely realistic but false depiction of them doing or saying something that they did not actually do or say. It can also include wholly computer-generated images of humans that do not exist in real life.

Concern is rising over the misuse of this technology and the criminal capabilities it can possess. Including its use in:

• Creating child exploitation material
• Non-consensual pornographic material
• Malicious hoaxes
• Bullying
• Theft or fraud
• Spreading misinformation
• Manipulating public opinion.

What is the current legislation?

Currently, there is no single piece of legislation that deals with the creation and use of deepfake technology. However, a number of laws may apply to deepfakes depending on the circumstances in which they are created or used. They include:

• Online Safety Act 2021 (Cth)
• Defamation Act 2005 (SA)
• Copyright Act 1968 (Cth)
• Australian Consumer Law

As well as a number of criminal offences within South Australia under the Criminal Law Consolidation Act 1935 and the Summary Offences Act 1953.

Have your say

Consultation will be open from 14 August – 11 September 2024.

This feedback will help the government decide its next steps.

Visit YourSAy for more details:  www.yoursay.sa.gov.au/deepfakes