
Queensland to Criminalise AI-Generated Deepfake Intimate Images
The state government plans to close a loophole in existing laws by making it a criminal offence to create sexually explicit deepfake images without consent, carrying up to three years in prison.

The New Offence
The Queensland Government will introduce laws making it a criminal offence to create intimate images of a person using digital technology without their consent.
The proposed offence covers images altered or created entirely using AI tools, image-editing software, and “nudify” applications. It will also capture digitally generated images that closely resemble or claim to be an identifiable real person.
Anyone convicted would face up to three years in prison.
Closing the Loophole
Under current Queensland law, it is an offence to share intimate images without consent, but creating them is not. The federal Criminal Code Amendment (Deepfake Sexual Material) Act 2024 has the same gap, only covering the transmission of deepfake material.
Attorney-General Deb Frecklington said the government was closing that gap.
“For too long, offenders have been able to exploit a loophole in the law to create harmful and exploitative content without facing the full consequences,” Frecklington said.
“Creating intimate images of someone without their consent is a serious invasion of privacy. It can cause deep emotional distress and lasting reputational harm.”
A Growing Problem
Advances in AI have made it easier than ever to create realistic fake images and videos depicting real people. The number of deepfake videos online grew 550 per cent between 2019 and 2023, according to a Home Security Heroes report cited by the eSafety Commissioner. Nearly all of it is pornographic, and the vast majority of victims are women.
In September 2025, the eSafety Commissioner issued a formal warning to a company operating some of the world’s most visited nudify services, which were receiving about 100,000 visits per month from Australians. The company withdrew access in Australia by November.
Other States
Queensland is not the first state to act. South Australia passed laws in October 2024 carrying up to two years in prison, or four years for offences involving minors. New South Wales followed with laws taking effect in February 2026, carrying up to three years in prison for producing sexually explicit deepfakes.
What Happens Next
The government will consult with stakeholders across the education, legal, sexual violence, and online safety sectors before drafting the legislation. No timeline has been set for the bill’s introduction to parliament.
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