Political deepfakes and the new laws in NSW
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Senior Research Officer, Parliamentary Research Service
Tom Gotsis, BA, LLB, Dip Ed, Grad Dip Soc Sci
Research Officer, Parliamentary Research Service
There are international concerns about the proliferation of deepfakes that are designed to mislead voters around elections. A deepfake is AI-generated digital content that depicts a person saying or doing things they did not actually say or do. In March 2026, NSW became the second Australian jurisdiction to enact legislative reforms: Electoral Legislation Amendment (Elections) Act 2026. The Act creates 2 new offences including prohibiting a person from publishing or distributing a deepfake during an election period. This paper outlines the potential adverse impacts of political deepfakes, summarises the NSW reforms, and examines legislative developments in other jurisdictions. The paper also discusses other measures that can be used to combat political deepfakes.
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Key points- Political deepfakes are AI-generated digital content that depict a politician doing or saying something they did not do or say. They can also depict someone falsely expressing a view about a politician or political issue.
- Political deepfakes can be deceptive, sexually explicit or satirical. They can also draw positive and negative associations through imagery, analogies and associations.
- Since 2017 one database has captured 2,201 global incidents of political deepfakes. Another database recorded 453 global incidents of political deepfakes in 2025.
- Political deepfakes may have adverse effects on elections, politicians and political communication.
- In March 2026 the NSW Government introduced electoral law reforms including a ban on publishing deepfakes during an election period.
- There was debate in parliament as to whether the new offences are consistent with the implied freedom of political communication in the Australian Constitution.
- Other jurisdictions have also enacted political deepfake laws. These include South Australia, many states in the United States, and one Canadian province
- Other measures for combating political deepfakes include the use of watermarks, deepfake detection technology, removal of deepfakes by social media platforms, and public education and awareness.
- The 2027 NSW election will provide an opportunity to see whether there are any cases of political deepfakes, what their impact will be, how the new laws are applied and whether additional measures are required to safeguard elections and democracy in NSW.
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