Australia eSafety Regulator Targets AI Deepfake Risks

The eSafety Commissioner is pushing to address regulatory gaps in the removal of harmful AI-generated deepfake content.

Updated on Oct. 20, 2026 in Artificial Intelligence

Australia eSafety Regulator Targets AI Deepfake Risks

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Australia's eSafety Commissioner has highlighted critical regulatory gaps regarding the removal of harmful AI-generated deepfakes. The watchdog currently lacks the authority to mandate the removal of nonsexual deepfakes unless they meet strict thresholds for serious adult cyber abuse.

Why it matters

The current framework limits the regulator's ability to act on specific categories of AI-driven content, leaving some harmful material unaddressed. Proposed duty-of-care legislation aims to require online services to mitigate foreseeable harms, though gaps remain regarding defamatory content.

Regulatory oversight is currently limited to content meeting the threshold for serious adult cyber abuse, leaving many AI-generated deepfakes outside the watchdog's removal mandate. New duty-of-care proposals aim to force digital platforms to mitigate these harms.

The players

eSafety Commissioner

This is Australia's national online safety regulator responsible for promoting online safety and investigating complaints about illegal or harmful content.

The details

The regulator has endorsed the use of fictitious accounts to test AI systems for the generation of illegal material. This proactive approach seeks to identify weaknesses in platform safeguards that may allow harmful AI content to proliferate.

Timeline

  1. On 19 October 2026, the watchdog formally expressed support for the use of fictitious account testing.

The Tech Race

The eSafety Commissioner's push to address AI harms marks a significant evolution in the application of the Online Safety Act. This strategy signals a shift toward proactive oversight in a tech sector where rapid AI development often outpaces existing legislative protections.

Australians may see increased platform accountability as digital services are pressed to adopt more rigorous safety testing for AI systems. These regulatory shifts aim to improve protection against harmful deepfakes, though gaps in defamation coverage persist for users.

The takeaway

As regulators adopt new methods like fictitious account testing, the digital environment is becoming more strictly monitored for illegal AI output. Users should remain cautious of deepfake content while regulators work to bridge these remaining legislative gaps.

Further reading

For more updates on how digital regulations are evolving, visit the Artificial Intelligence section.

Source note: This article includes information reported by Mlex.

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Should companies be legally required to remove all harmful content generated by artificial intelligence?