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In NSW, it is a crime to create or share, or threaten to share, sexually explicit images, videos or audio of someone without their consent. This includes content that has been digitally altered or generated by artificial intelligence (AI) to place a person in a sexual situation they were never in – commonly known as deepfakes.
In 2025, the NSW Government strengthened protections against the non-consensual recording or sharing of sexual content by amending the Crimes Act 1900. The Act already covered sexually explicit image material but now includes digitally-generated deepfakes. This means that it is a crime in NSW to create or share sexual images or audio without consent – regardless of how they were made. It is also a crime to threaten to make such material.
This law works alongside existing child abuse material laws to protect young people. Under criminal law, any material that depicts a person under 18 in a sexually explicit way can be considered child abuse material, including AI-generated material.
These reforms help prevent the misuse of AI and deepfake technology to harass or shame people using fake digital content. NSW criminal law works alongside national frameworks and bodies. This includes the eSafety Commissioner, who regulates the online environment and supports people to have safer online experiences.
This law gives NSW Police and courts the authority to investigate reports and hold offenders accountable. It applies to actions occurring on or after 16 February 2026. If the actions happened earlier, you should still report it to NSW Police, as other state and federal laws may apply. Visit the NSW Police website to make a report.
You should also report fake sexually explicit material to eSafety who can work with platforms to help remove the material quickly and provide advice on staying safe online. You do not need to make a police report or go through court proceedings to have the material taken down. Visit the eSafety website to learn more or make a report.
Additional support is also available through the NSW Sexual Violence Helpline on 1800 424 017.
People who break this law could face:
Courts can also order offenders to remove or delete the material. If they do not comply, they could face:
Under this law, criminal proceedings against people under 16 can only begin with the approval of the Director of Public Prosecutions. This age-appropriate safeguard ensures that only the most serious matters involving young people enter the criminal justice system.
There are limited exemptions for a proper purpose under this law. They include genuine medical, scientific, or law enforcement purposes or actions necessary for legal proceedings.
A review of this law will take place 12 months after it comes into effect to assess how it is working and whether any changes are needed.
These reforms help ensure NSW laws keep up with new technology and continue to protect people’s privacy, dignity and safety.
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