Privacy and Deep Fakes

Image based abuse has developed into a significant problem.

In Australia, it has until recently been treated in the civil courts as a breach of confidence.

However, the Privacy Act (Cth) has now been reformed. Image based abuse may be capable of being understood as a serious invasion of privacy. The same goes for deepfakes.

Although false, and while much depends on the circumstances, there may still be a reasonable expectation of privacy (an element of the new cause of action in Australia). It is another form of protecting reputation. This has long been the position in the UK and in civil countries such as France.

I spoke to the Sydney Morning Herald about it here.