Additional comments from the Australian Greens

1.1This interim report demonstrates the very real risks to electoral processes posed by Artificial Intelligence (AI). It clearly sets out the risks and challenges from AI but unfortunately fails to propose any urgent remedies.

1.2It is disappointing that the final recommendations do not support measures to deal with the challenges of AI in time for the next federal election likely in May2025.

1.3As Australia approaches its likely next federal election in 2025, the absence of specific laws regulating the use of AI during elections presents a significant risk. Without targeted measures in place, AI-manipulated content will be used to mislead voters or damage candidates' reputations, undermining the integrity of the democratic process.

1.4Under current laws it would be legal to have a deepfake video pretending to be the Prime Minister or Opposition Leader saying something they never in fact said, as long as this is properly authorised under the Electoral Act. That falls well below community expectations of our electoral regulation.

1.5The Australian Greens proposed amendments to this report that would have put in place a temporary and targeted ban on political deepfakes during the next election to mitigate this risk. The ban should take effect from the issuing of election writs and conclude the day after the election. It would be short and specifically focused on unauthorised AI-generated videos of candidates. Importantly, exemptions for parody, satire, fair criticism, news reporting, and legal proceedings would be in place to ensure that free speech and media reporting are preserved, aligning with existing protections under the Copyright Act.

1.6Our proposed amendment would have sunsetted upon the commencement of the new Parliament after next year's election, ensuring it is a temporary, election-specific measure. While it would be a challenge to get laws in place in such a short timeline the risk posed justifies this haste.

1.7The failure to act raises real risks for the integrity of the next election and these are risks that this government has openly invited by its stubborn refusal to act.

Senator David Shoebridge

Deputy Chair

Greens Senator for New South Wales