Deepnudes, nudifying, AI Porn: What does this all mean?
Only a download away..
It is arguable that ‘nudes’ no longer need to be requested.
AI has met the demand and now enables those seeking nudes of friends, school peers, teachers, adults the ability to create them instantly. Well roughly unless they want to tailor them to their exact liking.
Disturbing? Yes. Let’s see what this means under the law.
Introduction
Deepnudes and AI porn are not the labels I would choose to describe the creation of pornography without the depicted persons consent. The harm and injury caused is very real. The humiliation and violation is immeasurable.
But let the legislation speak for itself on the seriousness of this offence.
Whilst the Criminal Code Amendment (Deepfake Sexual Material) Bill 2024 is on its way through parliament, it applies to those 18 and above. There are a specific set of laws that apply where the victim is under 18. That is the production of child pornography and it does not matter whether the latest AI technology is used. Note, the legal and more accurate term, is child abuse material although it is more commonly referred to as child pornography.
Definitions
deepnude - means a sexualised image created using technology. Is derived from the deepfake phenomenon which allowed users to superimpose their own face or any face on another body in an image or video using a downloadable app.
nudifying (apps or websites) - the process of making a person appear naked using technology, the result being a ‘deepnude’ image. There are websites and apps that are designed for this purpose. They are currently not illegal however they are being closely monitored for production and child pornography and such platforms may face penalty for inadequately addressing the problem.
AI porn - the term used to refer to any explcit material created using artificial intelligence and not real people athough images of real people may be included in its production.
Real cases for young people
The Magistrates Court heard 38 cases. 8 of the 38 were for males aged between 18-25. Whilst there is no published data or cases for those under 18, we can be certain that it is occurring in highschool contexts from media reports and schools determined to address issues of sexual consent and bullying. Accessibility and widespread social media use allow nefarious activities to be done with ease.
Did you know?
Law in schools sessions includes real life examples and court cases to demonstrate the severity of such activity and the criminal responsibility that is then taken on to help students understand what they are really engaging in.
Sentencing statistics
Of the 87 charges of producing child abuse material (heard over 5 years in Victoria), 90.8% received a sentence of imprisonment. These ranged from a period of 1 month to 4.5 years. See the Sentencing Advisory Council.
