189ACertain digitally generated electoral material prohibited

189A Certain digitally generated electoral material prohibited

189A Certain digitally generated electoral material prohibited

(1) A person must not, during the regulated period, print, publish, distribute or publicly display digitally generated electoral material that contains a depiction of a simulated person performing an act that the real person depicted in the depiction did not perform.

Maximum penalty—

(a) for an individual—60 penalty units or imprisonment for 6 months, or both, or

(b) otherwise—300 penalty units.

(2) It is a defence to a prosecution for an offence against this section if the defendant establishes that—

(a) the printing, publication, distribution or display of the digitally generated electoral material containing a depiction of a simulated person occurred with the written consent of the real person depicted as the simulated person, or

(b) the defendant—

(i) took no part in determining the content of the digitally generated electoral material, and

(ii) could not reasonably be expected to have known that the digitally generated electoral material contravened subsection (1).

(3) An apparent consent will not be an effective consent for this section if—

(a) given by a person who is under the age of 17 years or has a cognitive impairment within the meaning of the Mental Health and Cognitive Impairment Forensic Provisions Act 2020, or

(b) obtained from a person by duress or deception.

(4) In this section—

depiction includes an audio visual, visual or audio depiction of a real person.

digitally generated electoral material—

(a) means electoral material containing audio visual, visual or audio content that is generated substantially, or modified or altered significantly, by artificial intelligence, but

(b) does not include—

(i) a cartoon or animated drawing, or

(ii) electoral material that is of a kind, or generated in a way, prescribed by the regulations.