Checklist · Incoming evidence — deepfakes & synthetic documents
Response sheet: suspected non-consensual intimate deepfake
Internal steps when an image or video in a matter shows, or appears to show, a person in an intimate deepfake: do not copy it further, do not put it into a public AI tool, and record the eSafety and safety options the lawyer discussed.
- Kind
- Checklist. Steps or checks to work through and tick off.
- Where it applies
- Australia
- AI use
- Yellow You and the tool draft together, with you directing. You check every statement you rely on.
- Law stated as at
- 22 October 2026
- Status
- Maintained. Checked on 22 October 2026 against the 4 authorities it cites, for Australia.
- Version
- 1
- Source
- Written for this library
When to use it
Use when a file in a matter may be a digitally altered or faked intimate image of a client or another person, whether or not it is also a piece of evidence. This is not a court form and it is not an affidavit. Report intimate material through eSafety's own form, not by attaching it to an email trail.
Used for these tasks
- Flag candidate synthetic or altered items in a production set
- Build an authenticity checklist for a key digital exhibit
Each task page says how far AI may help with the task and what the lawyer must review.
How AI may be used
A tool may hold the administrative fields the lawyer types, such as dates and who was spoken to, and must not see, describe or transmit the image.
AI may
- Store the date, the lawyer's name, and whether a report was made, as the lawyer enters those fields.
- Remind the user of the unchecked boxes on this sheet.
AI must not
- Must not be shown the image, the video, or a description of the intimate content.
- Must not generate a "restored" or "tested" version of the image.
- Must not draft the eSafety report or a police statement.
The lawyer checks
- The image has not been uploaded to a public or unapproved AI tool, and has not been forwarded to the wider matter team.
- The person depicted, if a client, has been told about the eSafety report option and about calling 000 if they are in danger.
- If the file is also evidence, a decision is recorded on whether it stays out of any open court book until the lawyer has considered non-publication.
Method: how the Green, Yellow and Red levels are decided. This is guidance for planning, not legal advice.
Official form
Open the official form. Always use the current version from the issuer.
Read the full text
The full text is available after you log in. It is free. When you log in you can:
- read the whole precedent, with its drafting notes beside it;
- copy it, or download it as a Word file or Markdown;
- add it to your firm’s knowledge base, so colleagues can find it;
- let the AI tools you connect read it from that knowledge base.
The summary, the law it rests on and the AI-use guidance above stay public. Privacy.
More in Incoming evidence — deepfakes & synthetic documents
- Deepfake and synthetic evidence authenticity checklist (images, audio, video and documents)
- Federal Court checklist: generative AI and evidentiary material
- Metadata comparison schedule for a digital file
- Letter requesting native files, metadata and device examination (Evidence Act s 167)
- NSW Supreme Court limits on generative AI in evidentiary material
- Production-set log for candidate synthetic or altered media
- Letter instructing a digital forensics expert on suspected synthetic or altered media
- Protocol for exchange of native electronic files where authenticity is in issue
- NSW gate before compelled or suppressed material enters a generative AI program
- Client warning letter on AI-fabricated or altered evidence
- Letter asking that devices and native files be preserved
- NSW verification of citations and evidence references in written submissions
- Digital evidence intake and chain-of-custody record
- Outline of submissions objecting to evidence suspected to be AI-generated or altered
All precedents for Incoming evidence — deepfakes & synthetic documents · Tasks and AI use in this area