---
title: "Technology-facilitated abuse and deepfake evidence preservation checklist"
url: "https://ailawframework.com/precedents/family-violence-and-protection-orders/tech-abuse-deepfake-evidence-preservation"
type: "precedent"
site: "AI Law Framework"
id: "a53-tech-abuse-deepfake-evidence-preservation"
area_id: "A53"
kind: "checklist"
ai_level: "yellow"
version: 1
law_stated_as_at: "2026-10-17"
---

# Technology-facilitated abuse and deepfake evidence preservation checklist

> Checklist for safely identifying, preserving and reporting technology-facilitated abuse, including AI-generated intimate images, cloned voices and spoofed messages, so the material can support eSafety reports, police…

Canonical page: https://ailawframework.com/precedents/family-violence-and-protection-orders/tech-abuse-deepfake-evidence-preservation  
Law stated as at: 2026-10-17

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

Checklist for safely identifying, preserving and reporting technology-facilitated abuse, including AI-generated intimate images, cloned voices and spoofed messages, so the material can support eSafety reports, police complaints and court orders.

## Key facts

- Kind: Checklist. Steps or checks to work through and tick off.
- Practice area: [Family Violence & Protection Orders](https://ailawframework.com/precedents/family-violence-and-protection-orders.md)
- Jurisdictions: Australia, Commonwealth, New South Wales
- 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 5 authorities it cites, for Australia, Commonwealth and New South Wales.

## When to use it

Use when a client reports tracking, account takeover, threats to share or sharing of intimate images (real or fake), impersonation or other abuse using technology. Safety planning comes first: preserving evidence must not alert the person using the abuse.

## How AI may be used

AI may help index preserved material and flag possible manipulation for an expert, under close supervision. Intimate images must never be uploaded to AI tools, and detection results are triage, not proof.

**AI may:**

- Index preserved screenshots and exports by date, platform, account and link
- Run an approved deepfake detection tool on non-intimate material as a triage step, recording tool, version and result
- Draft a neutral chronology of reported incidents from the lawyer's notes for checking

**AI must not:**

- Must not upload intimate images or videos, real or synthetic, to any AI tool
- Must not enhance or alter any media or message relied on as evidence
- Must not access the abuser's accounts or devices or advise the client to do so

**The lawyer checks:**

- Safety plan in place before evidence collection or reporting starts
- Preservation is complete before any takedown request removes the content
- Reporting route chosen with the client (eSafety, police, platform, court)

## Authorities

- [Criminal Code Act 1995 (Cth) Sch 1 s 474.17A (using a carriage service to transmit sexual material without consent, whether unaltered or created or altered using technology), as substituted by the Criminal Code Amendment (Deepfake Sexual Material) Act 2024 (Cth)](https://www.legislation.gov.au/C2024A00078/asmade/text)
- [Online Safety Act 2021 (Cth) ss 32, 75, 77 (complaints about intimate images; posting an intimate image; removal notices)](https://www.legislation.gov.au/C2021A00076/latest/text)
- [Evidence Act 1995 (Cth) ss 48, 146, 147 (proof of contents of documents; device-produced evidence)](https://www.legislation.gov.au/C2004A04858/latest/text)
- [Crimes (Domestic and Personal Violence) Act 2007 (NSW) s 6A(2)(g) (monitoring or tracking using technology as domestic abuse) and s 35(2)(c1), (f) (conditions)](https://legislation.nsw.gov.au/view/html/inforce/current/act-2007-080)
- [Family Law Act 1975 (Cth) s 4AB (family violence)](https://www.legislation.gov.au/C2004A00275/latest/text)

## Official form

[Official form](https://www.esafety.gov.au/key-topics/image-based-abuse/report-image-based-abuse)

## 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/family-violence-and-protection-orders/tech-abuse-deepfake-evidence-preservation 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.*