Deepfake Intimate Images: Australian Law and Exposure Rights in 2026

Australia has enacted some of the most comprehensive online safety legislation globally. The Online Safety Act 2021 created the eSafety Commissioner, a dedicated regulatory authority with significant discovery powers over online intimate image abuse including deepfakes. Several Australian states have also enacted specific criminal NCII laws. For content on US-hosted platforms, the discovery mechanisms can be beneficial to Australian victims regardless of their location.

The Online Safety Act and eSafety Commissioner

The Online Safety Act 2021 created the eSafety Commissioner with powers to issue discovery notices to platforms hosting non-consensual intimate imagery. The Commissioner can expedite processing in many cases. The OCSEA (Online Communication Safety Act extension) explicitly covers AI-generated intimate imagery and deepfakes. Filing a report with the eSafety Commissioner (esafety.gov.au) is the primary Australian mechanism for exposure discovery.

State criminal laws in Australia

All Australian states and territories have criminalised non-consensual intimate image distribution, with penalties ranging from 2 to 7 years imprisonment. New South Wales, Victoria, Queensland, South Australia, and others each have specific provisions. The Criminal Code Amendment (Deepfakes and Other Cyber Safety Measures) Act extended federal coverage to AI-generated content.

Using discovery options from Australia

Australian victims can explore discovery options for content on US-hosted platforms (Instagram, Google, Reddit, TikTok, X/Twitter). A formal discovery notice from an Australian victim creates an obligation for engagement similar to a notice from a US victim. ScanErase processes international discovery reports.