Non-consensual AI porn doesn’t violate privacy – but it’s still wrong

The rise of generative artificial intelligence (AI) has greatly facilitated the creation and spread of deepfake pornography, including explicit images and videos of non-consenting individuals.
In 2024, Australia amended its criminal code to include AI-generated porn under laws against the distribution of sexual material without consent, aligning it with restrictions on genuine photographs or video footage.
There are significant legal gaps: the law prohibits distribution but not creation, and the definition of “recklessness” around consent is ambiguous.
While the law does not clearly prohibit the private creation and use of deepfake pornography, moral intuition suggests it remains ethically questionable.
Deepfake pornography is often viewed as a significant violation of privacy, even if it does not involve information specific to the individual’s sexual history.
Although lawful usage may not involve privacy violations, the broader harm and disrespect inherent in creating and possibly sharing these vivid and convincing images justify moral condemnation.

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