Prof McGlynn’s Expert Testimony Key to Landmark Deepfake Abuse Case in Australia

I was proud to provide expert evidence in the landmark case of eSafety Commissioner v Rotondo before the Federal Court of Australia, which resulted in a significant financial penalty—over US$200,000—against a defendant who posted sexually explicit deepfakes and initially refused to comply with removal notices.

This case marks a major legal milestone in tackling deepfake sexual abuse – also known as sexual digital forgery. It shows that regulators can challenge the seeming inevitability of this abuse and secure meaningful penalties.

Justice Longbottom relied on my evidence to reach several key findings:

• Civil penalties can act as a general deterrent, sending a clear message that violations of laws on sexual digital forgeries are serious and unacceptable.

• The harms from deepfake sexual abuse are equivalent to those from authentic images, because for victims the videos ‘feel real’. 

• The harm lies in the circulation and viewing of the material, not in whether the images are “authentic”. Simply labelling such content is not a solution.

  
  

My evidence drew on years of research and the testimony of women and girls who have bravely shared their experiences—often in the face of further abuse. I highlighted the serious psychological, emotional, and reputational harms caused by deepfake abuse, and the urgent need for legal responses beyond criminal law. This is part of a broader campaign for a holistic response to image-based sexual abuse.

I’m grateful to the eSafety Commissioner Julie Inman Grant for blazing this trail and for the opportunity to contribute to this important case.

I also thank Ruya Tuna Toparlak for her help in preparing the expert evidence.

Further Reading

• Deepfake porn: why we need to make it a crime to create it, not just share it – My article in The Conversation exploring the urgent need to criminalise the creation of deepfake pornography.

• Guardian news report on the case.