AI Regulation in Australia: New Themes & Obstacles

Published Date: 08/07/2024

As AI becomes a part of day-to-day life globally, regulators are grappling with the challenges it poses, and where to strike the regulatory balance. Submissions to the Australian Senate Committee tasked to consider AI reveal some of the key themes that are emerging from this discussion in Australia.

As AI becomes a part of day-to-day life globally, regulators are grappling with the challenges it poses, and where to strike the regulatory balance. Submissions to the Australian Senate Committee tasked to consider AI reveal some of the key themes that are emerging from this discussion in Australia.\n\nThe EU AI Act was approved by the Council of the EU on 21 May 2024, and it will come into effect 20 days after it is published in the EU's official journal. Australia is at a much earlier stage in deciding on a way forward in relation to AI, with Australian legislators considering the benefits and harms which AI poses with an eye to whether further regulation is required.\n\nThe Australian Senate Committee on Adopting Artificial Intelligence has received written submissions from 216 individuals and organizations, including Microsoft, Google, FreeTV, OpenAI, and the Law Council of Australia. The submissions varied from individuals to multinationals to industry organisations, and highlighted key themes such as deepfake technology, transparency, bias, and benefits of AI.\n\nDeepfake technology poses significant concerns for both Australia's democratic processes and personal privacy. Submitters argued that deepfakes possess a capacity to mislead the public, bolstering the proliferation of misinformation already present in social media. Additionally, deepfakes also pose personal privacy risks, such as the fabrication of non-consensual intimate imagery and financial fraud.\n\nThe Bill to address deepfake pornography is currently under consideration by the Australian House of Representatives. If enacted, it will put in place an additional offence to prohibit the creation and non-consensual distribution of deepfake pornography.\n\nThe regulation of AI is a developing area of law globally and within Australia. The development of a regulatory approach to AI in the coming years will continue the wave of technology-focused law reform over the past seven years.

FAQs:

Q: What is the current state of AI regulation in Australia?

A: Australian legislators are in the process of considering the benefits and harms which AI poses with an eye to whether further regulation is required.

Q: What are some of the key themes emerging from submissions to the Australian Senate Committee on AI?

A: Key themes include deepfake technology, transparency, bias, and benefits of AI.

Q: What is deepfake technology and what are the concerns surrounding it?

A: Deepfake technology poses significant concerns for both Australia's democratic processes and personal privacy, including the fabrication of non-consensual intimate imagery and financial fraud.

Q: What is the Bill to address deepfake pornography and what does it propose?

A: The Bill proposes to prohibit the creation and non-consensual distribution of deepfake pornography.

Q: What is the significance of the EU AI Act in the context of AI regulation in Australia?

A: The EU AI Act is a precursor to regulatory approaches to AI globally, and its graded approach to regulation of AI may influence the development of AI regulation in Australia.

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