House debates Bills

Online Safety Amendment (Digital Duty of Care) Bill 2026; Consideration in Detail

Wednesday, 28 October 2026 House of Representatives

Zali Steggall

Zali Steggall Warringah, Independent

10:57 am

I rise in support of the amendments moved by the member for Curtin and agree wholeheartedly on the importance of ensuring these attachment bots be included in relation to online harms. But I also have a question for the minister because, whilst there's a strong focus on protecting under 18s from harms online, there are other foreseeable harms that we're seeing occur and are not being addressed in this digital duty of care. My question for the minister in this consideration in detail process is: why has the government failed to explicitly include harmful AI generated deepfakes in its duty of care legislation? If the purpose of this legislation is to prevent foreseeable online harm, why are we failing to address one of the fastest-growing threats?

We've got an opportunity to get ahead of an emerging threat, yet the government is leaving a significant gap in online safety protections. Artificial intelligence can now make someone appear to say something they never said, do something they never did and participate in an event that never happened. We've already seen how this technology is being misused in Australia. Deepfake video circulating, for example, of Senator Jacqui Lambie was falsely depicting her criticising another party's voters. That results in threats from those voters back to her. At a time when we're talking about a heightened security environment for members of parliaments and the public at large, we're allowing this to continue to be legal.

The amendment I had wished to propose to this effect sought to address deepfakes depicting identifiable people without their consent where the content is capable of misleading viewers and likely to cause serious harm. We know the government has looked at this from the nudify apps perspective, but the harm goes beyond that. Harm to a person, whether they are under 18 or over 18, where their image, likeness and voice are used by AI technology to generate deepfake content that is then pushed through social media platforms and digital platforms and where there is no consent from that person that is readily identifiable should also be treated as a harm that these platforms should have to prevent and be aware of. So I ask the government to look at protecting all Australians, not just under-18s, from this use without their consent of their image, likeness and voice in relation to the creation of AI deepfakes. It is not just in the political space that this matters. This could ruin someone's business reputation. If someone is in the public eye in sport—we've seen Sportsbet do it with some actors as well. It is really important that the government address this gap.

I would also like to note my deep frustration with the process. This was an amendment that I had sought to get drafted, but, through lack of resources through the system, it has not been possible for the parliamentary drafting services to provide the draft of that amendment despite being asked to do this over a week ago. I find it deeply unacceptable for the parliament to not be able to provide adequate services to members.

Comments

No comments