AI deepfake legislation loophole could see predators escape harsher sentences
Legislation introduced to state parliament last month would see the creation of non-consensual sexually explicit media through artificial intelligence attract a maximum three-year sentence.
Queensland's Victims Commissioner Kate Connors has expressed concerns that a loophole in newly proposed legislation to combat AI deepfakes could allow predators to escape harsher penalties. The legislation, introduced last month, aims to criminalise the creation of non-consensual sexually explicit images or audio using artificial intelligence or digital technology.
It carries a maximum penalty of three years in prison for adults and 18 months for children. While Attorney-General Deb Frecklington affirmed that the state's laws will keep pace with technology, Connors noted potential clashes between the new policy and existing child protection laws. She warned that offenders could potentially plead guilty to the lesser new offence, resulting in reduced sentences and potentially avoiding the reportable sex offender scheme.
Connors recommended excluding adults who offend against minors to prevent overlap. However, she urged the government to expand the legislation's scope to cover humiliating or degrading depictions of individuals, not just sexually explicit content. Legal Aid Queensland suggested changes to prevent accidental violations, while the Queensland Sexual Assault Network called for additional measures such as training for first responders and education in schools and the community.
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