---
title: "Checklist: challenging or authenticating suspected AI-generated (deepfake) evidence"
url: "https://ailawframework.com/precedents/criminal-law/deepfake-evidence-objection-checklist"
type: "precedent"
site: "AI Law Framework"
id: "a20-deepfake-evidence-objection-checklist"
area_id: "A20"
kind: "checklist"
ai_level: "yellow"
version: 1
law_stated_as_at: "2026-10-17"
---

# Checklist: challenging or authenticating suspected AI-generated (deepfake) evidence

> Step-by-step checklist for criminal matters where an image, video, audio or message may be AI-generated or altered: preservation, requests for originals, Evidence Act authentication and exclusion points, expert…

Canonical page: https://ailawframework.com/precedents/criminal-law/deepfake-evidence-objection-checklist  
Law stated as at: 2026-10-17

Site index for agents: https://ailawframework.com/llms.txt

Step-by-step checklist for criminal matters where an image, video, audio or message may be AI-generated or altered: preservation, requests for originals, Evidence Act authentication and exclusion points, expert evidence and AI-detection limits.

## Key facts

- Kind: Checklist. Steps or checks to work through and tick off.
- Practice area: [Criminal Law](https://ailawframework.com/precedents/criminal-law.md)
- Jurisdictions: New South Wales, Australia, United States
- AI level: Yellow. AI can help in set ways. A lawyer checks specific points before use.
- Law stated as at: 2026-10-17
- Status: Maintained. Checked on 2026-10-17 against the 6 authorities it cites, for New South Wales, Australia and United States.

## When to use it

Use when the prosecution relies on, or the defence wants to tender, digital media whose authenticity is in doubt, or when the client is charged with creating or sharing synthetic intimate material. It is a working checklist, not an expert opinion.

## How AI may be used

AI-detection tools give probabilistic results and are not proof. The checklist relies on originals, metadata, chain of custody and a qualified expert; AI may help organise the material and compare versions.

**AI may:**

- Build a table of each media item with its source, date received, hash, metadata fields and continuity gaps.
- Compare versions of a file and list visible differences for the expert to examine.
- Draft the request for native files and device data for the lawyer to settle.

**AI must not:**

- Must not present an AI-detection score as evidence that material is or is not synthetic.
- Must not upload intimate images or other sensitive evidence to any AI tool, including detection services.
- Must not alter, enhance or re-encode the working copy used for analysis without recording it.

**The lawyer checks:**

- The expert is qualified in digital forensics and was told of SC Gen 23 paras 20–24.
- Requests for originals and platform data have been made and diarised.
- The objection is framed under the correct Evidence Act provisions and supported by evidence, not assertion.

## Authorities

- [Evidence Act 1995 (NSW) ss 48, 55, 57, 58, 79, 135, 137, 138, 146, 147, 183](https://legislation.nsw.gov.au/view/html/inforce/current/act-1995-025#sec.57)
- [Criminal Code (Cth) s 474.17A (transmitting sexual material without consent, including material created or altered using technology)](https://www.legislation.gov.au/C2004A04868/latest/text)
- [Criminal Code Amendment (Deepfake Sexual Material) Act 2024 (Cth) (No. 78, 2024)](https://www.legislation.gov.au/C2024A00078/asmade/text)
- [Crimes Act 1900 (NSW) Pt 3 Div 15C, ss 91N–91T (intimate image or audio material, including s 91PA altered or simulated material)](https://legislation.nsw.gov.au/view/html/inforce/current/act-1900-040#sec.91PA)
- [Supreme Court of NSW Practice Note SC Gen 23 paras 20–24 (Gen AI and expert reports)](https://supremecourt.nsw.gov.au/documents/Practice-and-Procedure/Practice-Notes/general/current/PN_SC_Gen_23.pdf)
- [Federal Rules of Evidence r 901 (US) (authenticating or identifying evidence)](https://www.uscourts.gov/rules-policies/current-rules-practice-procedure/federal-rules-evidence)

## Full text and drafting notes

The full text and the drafting notes are not part of this public page. Signed-in firm accounts can read them at https://ailawframework.com/precedents/criminal-law/deepfake-evidence-objection-checklist and through the signed-in MCP connector https://ailawframework.com/mcp/firm.

*Practice guidance for planning and review. Confirm current primary sources and the requirements of the actual matter. This is general information, not legal advice.*