Emerging Laws to Tackle Deepfake AI
Taking Proactive Measures Against Digital Deception
In this day and age of rapid technological advancements, deepfake AI is reshaping how we perceive digital content. Deepfake AI can produce highly realistic yet fake images, videos, and audio, which can be useful for creative and educational content; however, when misused, it can cause serious legal and ethical concerns.
At Law Team, we believe in a preventative approach to legal challenges, ensuring that individuals and businesses stay ahead of risks such as deepfakes. Read on to explore Australia’s current legal position on deepfakes and learn the practical steps you can take to mitigate risk and ensure legal compliance.
What is deepfake AI?
Deepfakes are created by manipulating digital media with AI and machine learning, often resulting in content that is indistinguishable from real media. This raises significant concerns, including the spread of misinformation, cybersecurity threats, and financial fraud.
Some examples of such weaponised scenarios:
Manipulating public opinion and disrupting elections with false media content, such as doctored videos of politicians
Threatening organisational security by impersonating executives and employees
Authorising fraudulent financial transactions by mimicking high-ranking individuals
According to Gartner, by 2027, AI agents will only need half the time it takes today to exploit account takeovers. These AI agents will also use deepfakes to make social engineering appear more convincing and to compromise authentication channels. Source: Gartner - Why CIOs Can’t Ignore Deepfake Attacks
How does deepfake AI impact Australian businesses?
Deepfake incidents have now shifted from social nuisances to systemic risks for businesses. Attackers pretend to be executives, employees, or even clients to trick businesses into disclosing information or losing money. According to Mastercard research, approximately 34% of Australian deepfake scams involved impersonating a vendor or supplier to intercept B2B payments. Source: HR Leader - Deepfakes duping Aussie businesses, tens of millions lost through scams
At Law Team, we believe in early intervention through tailored compliance frameworks and targeted education, helping our clients navigate emerging threats with confidence.
What are Australia’s new laws regarding deepfakes?
Australia has taken several proactive measures against deepfakes and AI-generated harm. New legislation, such as the Criminal Code Amendment (Deepfake Sexual Material) Act 2024, targets the creation and distribution of non-consensual deepfake sexual content, such as revenge porn. Source: Criminal Code Amendment (Deepfake Sexual Material) Act 2024, No. 78, 2024
Additionally, in September 2025, the NSW Government passed the Crimes Amendment (Intimate Images and Audio Material) Bill 2025, which closed gaps in federal law by specifically outlawing AI-generated sexually explicit audio and text. Source: NSW Government strengthens protections against deepfakes and image-based abuse
The Privacy Act of 1988 also plays a key role in protecting people’s personal data, as deepfake technology can infringe upon these protections by exploiting people's likenesses without consent. In cases where deepfakes are used for malicious purposes, such as creating fraudulent images or videos of individuals, the Privacy Act steps in.
How can businesses legally protect themselves against deepfake fraud?
Australia’s evolving legal frameworks demonstrate a commitment to addressing the risks posed by deepfake technology. However, as deepfakes become more sophisticated, the law must adapt continuously to mitigate emerging threats.
At Law Team, our preventative approach ensures that you’re not just reacting to changes but anticipating them. Whether it’s reviewing your organisation’s digital safeguards or staying informed about new laws, we are here to help.
Contact Law Team today to stay ahead of the curve and discuss proactive strategies for your business, or sign up for updates on upcoming legal changes.
About the Author: Erin Vassallo
Erin Vassallo is the Principal Solicitor and founder of Law Team, a values-led law firm with a strong reputation across New South Wales and Queensland. With over two decades of experience in commercial, construction, and property development law, Erin is a trusted advisor to developers, landowners, and business owners navigating complex projects and legal risk.
Her hands-on experience includes joint ventures, structuring development deals, contract negotiation, risk mitigation, and project governance across residential, commercial, and mixed-use developments. Erin holds qualifications in law, political science, mediation, and disruptive strategy (Harvard Business School) and is the founder of Certified BCorp Law Team, committed to ethical business practices and social impact.