Individual Charged with Posting Deepfake Content Faces Potential Penalty of $450,000

A man is facing a potential fine of $450,000 AUD after he distributed deepfake images of notable Australian women on the now-defunct MrDeepfakes website, pending the outcome of legal actions initiated by Australia’s online safety regulator.

Anthony Rotondo has been charged with posting explicit deepfake images on the MrDeepfakes platform, which ceased operations earlier this month. A court order approving an arrest warrant for Rotondo was issued in October 2023. The 55-year-old allegedly shared images of prominent public figures in Australia and, when prompted by the eSafety Commissioner to remove them in May 2023, responded defiantly, claiming he was not subject to Australian law.

Residing in the Philippines at the time, Rotondo traveled to Australia on October 10, 2023, purportedly to participate in a car race on the Gold Coast. The eSafety Commissioner subsequently secured an injunction in Australian Federal Court on October 20, demanding the removal of the images. In a further act of defiance, Rotondo sent additional deepfake images to media outlets and the eSafety Commission, leading to his arrest in a Brisbane apartment shortly thereafter.

Upon his arrest, Rotondo provided police with his login details for the website, allowing officers to delete the offending content. Nonetheless, he was fined $25,000 by a federal judge for contempt of court and is facing six counts of obscene publication, one of which involves a minor, along with an additional charge of endangering property by fire. The eSafety Commissioner is now advocating for the imposition of a $450,000 AUD fine related to the obscenity charges.

Deepfakes are digitally manipulated images or videos created using artificial intelligence, often designed to project the likeness of an individual onto another person’s face, involving both photo and video content. While the technology can serve beneficial purposes, such as aiding individuals who have lost their voice, it is frequently misused. Malicious actors deploy deepfake videos of well-known figures to perpetrate scams, while deepfake pornography and child exploitation materials represent significant growing concerns within the domain of online safety.

As articulated by Julie Inman Grant, the eSafety Commissioner, the repercussions of image-based abuse are profound, adversely affecting mental health, career opportunities, and social interactions. Victims have reported significant disruptions to their lives, altering their identities and relationships.

In response to these challenges, Australia has amended its Criminal Code to implement stricter penalties for sharing non-consensual deepfake content. However, legislative action has also encountered resistance, exemplified by the use of non-sexual deepfakes in politically motivated campaigns.

MrDeepfakes previously held the distinction of being the largest deepfake website globally, harboring over 43,000 images of approximately 3,800 individuals, predominantly female performers and public figures. The site’s creators announced their decision to shut it down due to data losses, affirming that it would not be reinstated.

To mitigate risks associated with deepfakes, individuals are encouraged to refer to resources provided by the National Cybersecurity Alliance and the Cyber Civil Rights Initiative, which offer guidance and support for those affected by such malicious content. In the UK, the Revenge Porn Helpline serves as a resource for victims of image-based abuse.

Cybersecurity threats must be effectively managed to prevent escalation. Implementing robust protection measures is essential to safeguarding devices from potential risks.