AI is changing how Australians interact with information, entertainment and business. If you have spent any time online recently, you may have seen AI-generated images of Prime Minister Anthony Albanese in situations that never actually happened. Some were clearly jokes, portraying him as a software engineer or entrepreneur. Others have been far more concerning. We have seen fake videos and voice recordings used to promote questionable investments and cryptocurrency schemes.
As AI becomes more sophisticated, an important question starts to emerge: who controls your image, voice and identity? Many Australians assume they have some degree of ownership over their own likeness. However, the law is not that straightforward. Understanding the rules is important not only for celebrities and politicians, but also for everyday Australians, small business owners and online marketers.
Unlike some overseas jurisdictions, Australia does not currently recognise a standalone legal ownership right over a person’s face or likeness. However, this does not mean businesses can freely use someone’s image without permission. The Australian Consumer Law (ACL), privacy legislation, defamation law and the common law action of passing off create a network of protections. Together, these laws help protect individuals from the unauthorised commercial exploitation of their identity.
Many businesses unintentionally cross the line between humour and commercial use. Under Australian law, political satire, commentary and parody generally receive greater protection, particularly when they contribute to public debate. An AI-generated image created solely for political commentary may be viewed very differently from the same image used in advertising. Once a business uses an AI-generated image, cloned voice or fabricated endorsement to attract customers or generate sales, the legal risks increase significantly.
Property professionals, real estate agencies, developers and small businesses are increasingly affected by this issue. Imagine promoting a new residential development in Marsden Park, Box Hill, Schofields or Rouse Hill using an AI-generated endorsement from a well-known public figure who never agreed to support the project. Regardless of how artificial the content may be, consumers may reasonably believe the endorsement is genuine. Businesses can face serious regulatory action, as well as private legal claims under sections 18 and 29 of the ACL for creating a misleading impression of sponsorship, approval or affiliation.
Understanding the Risks of AI-Generated Endorsements
| Activity | Legal Risk Level | Potential Consequences |
| Political parody or satire | Low to Moderate | Generally protected when clearly satirical |
| Personal social media meme | Low | Context-dependent |
| AI-generated celebrity endorsement in advertising | Very High | ACL breaches, passing off claims, regulatory action |
| Fake voice promoting financial products | Very High | Consumer law penalties, reputational damage |
| Deepfake used in property or business marketing | Very High | Misleading conduct allegations and litigation |
| False association with public figures | Very High | Defamation and endorsement disputes |
The financial consequences can be severe. Australian regulators have significant powers where misleading or deceptive conduct occurs in trade or commerce. In addition to regulatory action, individuals whose identities have been misused may pursue their own legal remedies if their reputation, goodwill or professional standing has been damaged. Recent legal commentary regarding AI-generated endorsements highlights the growing risks facing businesses that use synthetic media without obtaining appropriate permissions.
The growing focus on identity protection mirrors the importance of safeguarding ownership rights in property transactions. Just as land titles require verification and legal certainty, digital identities now require the same level of protection. Fraudulent identity use, forged documents and sophisticated cybercrime schemes have become genuine concerns across many sectors, including property settlements. As technology continues to evolve, maintaining robust verification processes is essential to protecting both personal and commercial assets.
Flash Conveyancing Advice
Before using digital avatars, AI-generated images or voice-cloning technology in business marketing, stop and ask yourself one simple question: would a reasonable person believe this individual genuinely supports my product or service? If the answer is even “possibly”, seek legal advice before publishing. Spending a few minutes exercising caution today could save years of costly disputes in the future.
Flash Conveyancing, led by Julian and Renee, are specialists in property transactions throughout NSW. With extensive experience working across local council areas including Blacktown, Hawkesbury, Blue Mountains, The Hills, Hornsby and Parramatta, they provide personalised guidance throughout every stage of the settlement process. Whether you are buying, selling or transferring property in Acacia Gardens, Blacktown, Colebee, Glenwood, Marsden Park, Melonba, Riverstone, Schofields, The Ponds, Kellyville, Castle Hill, Rouse Hill, Box Hill, Dural, Norwest, Windsor, Vineyard, Glenorie or Winston Hills, they are committed to protecting your interests through professional, reliable and secure conveyancing services.