Duty LXD-5906
Publishes adult content, in Australia
Using a Carriage Service to Transmit Sexual Material Without Consent (Deepfake Offences)since 3 lines
Criminal Code Amendment (Deepfake Sexual Material) Act 2024 (Cth), No. 78, 2024, inserting ss. 474.17A, 474.17AA into the Criminal Code Act 1995 (Cth), No. 12, 1995 · Read the law's page
- Do not use a carriage service to transmit material that depicts, or appears to depict, a person aged 18 or over in a sexual pose or sexual activity, or their sexual organ, anal region, or, for a female, breasts, without that person's consent, knowing of the lack of consent or reckless as to it.
- It is no defense that the material was unaltered, or that it was created or altered using technology, including artificial intelligence, to produce a realistic but false depiction of the person; a deepfake is covered on the same terms as an authentic recording.
- If you were responsible for creating or altering the non-consensual material yourself, or if you have 3 or more prior civil penalty orders for failing to comply with an Online Safety Act 2021 removal notice, you face a higher maximum penalty than a person who merely transmits such material.
Internet Search Engine Services Online Safety Code (Class 1C and Class 2 Material)since 3 lines
Internet Search Engine Services Online Safety Code (Class 1C and Class 2 Material), registered under section 140 of the Online Safety Act 2021 (Cth) · Read the law's page
- Applies to providers of internet search engine services, such as Google Search and Bing.
- Implement appropriate age assurance measures so that account holders are checked as over or under 18 before search results can surface Class 1C or Class 2 material, including online pornography; the measure is required by .
- Do not rely on self-declaration of age: eSafety guidance states it is not sufficient to meet the code.
Designated Internet Services Online Safety Code (Class 1C and Class 2 Material)since 2 lines
Designated Internet Services Online Safety Code (Class 1C and Class 2 Material), registered under section 140 of the Online Safety Act 2021 (Cth) · Read the law's page
- Applies to providers of designated internet services: websites, and generative AI services accessed via a browser, that host or generate online pornography or other Class 1C or Class 2 material.
- Implement age assurance and access controls to prevent access by children in Australia to that material.