What is a deepfake?

    Deepfakes refer to images, video or audio of a real person that has been edited, usually with Artificial Intelligence (AI) technology, to create an extremely realistic but false depiction of them doing or saying something that they did not actually do or say. It can also refer to wholly computer-generated images of humans that do not exist in real life.

    What is AI?

    There is no common consensus about a single definition of AI. However, it is generally understood as a field of science that is concerned with building computers and machines that can perform tasks that would normally require human intelligence, such as learning, reasoning and problem solving.

    What’s the difference between Machine learning and Deep learning?

    Machine learning is a type of AI that involves the development of mathematical algorithms and models that allow computers to learn from data.

    Deep learning is a form of machine learning that employs deeply layered neural networks –inspired by the interconnected neurons in a human brain – to learn complex representations from data. Deep learning is used in computer vision tasks such as image recognition, natural language processing technology such as ChatGPT, and more.

    What is the current legislation in place?

    In Australia, the below Acts may potentially offer some relief to victims against the use and distribution of deepfakes, depending on the circumstances in which the content is created and how it is used. 

    This includes:

    In South Australia, there are also a number of criminal offences under the Criminal Law Consolidation Act 1935 and Summary Offences Act 1953 that may capture the creation and distribution of non-consensual deepfakes, depending on the content of the deepfake and the purpose for which it is created or used.

    Including:

    • Filming and sexting offences
    • Child exploitation material offences
    • Indecent material
    • Identity theft
    • Fraud and dishonesty offences 

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