The sexualised use of deepfakes – AI technology that creates hyper-realistic images and videos of individuals saying and doing things that they do not say or do – has potential moral, social and legal consequences for adults residing in Australia and the UK.

In recent years, the use of deepfake technology has grown across a number of public and political domains. In particular, it has been used for the creation of pornography, often without the consent or knowledge of the individuals depicted in the images or videos.

As things stand, law’s ability to restrict or prohibit online distribution of such non-consensual images may be low, given that it occurs rapidly, often across jurisdictional boundaries, and via diverse social media.

A key research question to consider in this study is the extent to which law should intervene to restrict prohibit, or conversely protect, the dissemination of deepfake pornography.

However, there may be other circumstances where the creation of deepfake pornography is consensual, offering the potential to create new sexual experiences for certain groups, such as people with disabilities. In such circumstances, we may need to consider to what extent the dissemination of such images and/or such groups should be offered some degree of protection under the law.

This research strand investigates potential legal concerns and risks associated with deepfake pornography in Australia and the UK. As part of this research, we are analysing current legal and regulatory frameworks concerning the creation and dissemination of such images, as well as considering options for policy and law reform.  

The law has traditionally been slow and reactive in recognising harmful behaviour online, such as sexual abuse, violence, stalking, threats, as well as misuse of sex technologies. However, the online safety of those considered to be at particular at risk – women, girls, women of colour, and sexual minorities – has recently become a political priority. For example, the Online Safety Act 2021 (Cth) in Australia passed both houses of the Federal Parliament in June 2021 and will come into effect in January 2022. The Act extends the powers of the Office of the eSafety Commissioner and establishes or expands regulatory powers for removing cyber-abuse, image-based abuse and harmful online content. In the UK, the draft Online Safety Bill 2021 is currently before the UK Parliament and will likely come into force in 2022.

Drawing on an examination of recent online safety laws in Australia and the UK, this case study examines how we should position the regulation of digital sex technologies in the context of such developments. In doing so, we critically interrogate the use of risk as the dominant legal paradigm and explore how notions of sexual autonomy and consensuality in sexual relations should inform a principled approach to the regulation of such technologies.