Modern Australian
The Times

NZ is criminalising sexualised deepfakes – banning apps that make them should be next

  • Written by Cassandra Mudgway, Senior Lecturer in Law, University of Canterbury
NZ is criminalising sexualised deepfakes – banning apps that make them should be next

New Zealand is changing the law to make sexualised deepfakes a crime. But this alone may not be enough to counter the rise in AI-generated fake sexual material.

This week the Deepfake Digital Harm and Exploitation Bill is set to go through its first reading, with support across the political spectrum. The amendment will make creating, sharing or selling sexually explicit deepfakes without consent a criminal offence.

It comes in response to the rapid spread of such material, including the rollout of Elon Musk’s Grok AI chatbot on X, which people used to digitally undress women and girls and generate potentially three million sexualised images.

New Zealand is not alone in confronting the problem. The United Kingdom, Australia, South Korea and the United States have already introduced or expanded laws to criminalise creating and sharing of non-consensual deepfakes.

Criminalisation is an important first step and brings New Zealand in line with developments elsewhere. But stemming the tide of sexualised deepfakes will also require regulation of the technology itself.

Deepfakes mostly target women

Deepfakes are AI-generated images, audio or video designed to make it appear that a real person said or did something that never actually happened.

With image-based sexual abuse, this usually means using AI to create convincing but fake sexual material of a person without their consent.

Sometimes, technology is used to manipulate ordinary photos pulled from social media into explicit imagery. Other AI systems can generate entirely fabricated sexual content from a text prompt alone.

The abuse is overwhelmingly directed at women. One widely cited study found 98% of deepfake videos online were pornographic and mostly targeted women.

For victim-survivors, the harms are significant regardless of whether the image is created from a real original or completely fabricated. People report humiliation, fear, anxiety, loss of control and violation of sexual autonomy.

Gaps in New Zealand law

The new bill is designed to fill gaps in the current law.

At present, New Zealand does not have a criminal offence specifically directed at sexualised deepfakes. Existing laws may apply, but they were not designed for AI-generated abuse.

The Harmful Digital Communications Act 2015 criminalises posting harmful digital communications and has already been used in at least one prosecution involving a sexualised deepfake. However, the offence requires proof that the defendant intended to cause serious emotional distress and that this actually resulted.

Those requirements can be difficult hurdles for victim-survivors of image-based sexual abuse.

A new offence introduced into the act in 2022 sought to address this for so-called “revenge porn”, making it a crime to share an intimate visual recording without consent.

This sat alongside existing offences in the Crimes Act. The concept of an “intimate visual recording” was introduced in the early 2000s to deal with covert filming with hidden cameras.

Parliament was responding to conduct known as “upskirting” and “downblousing” – forms of abuse overwhelmingly targeting women and girls in spaces where they had a reasonable expectation of privacy, such as bathrooms or changing rooms.

The law therefore focused on whether a person had been secretly recorded. But deepfakes complicate that framework because no recording may have occurred at all. This means current law may be clearer when an intimate image is real than when it is entirely fabricated.

Beyond criminalisation

The deepfakes bill attempts to remove that uncertainty by expanding the legal definition of an “intimate visual recording” to include images that are “created, synthesised or altered”.

But the bill also reflects a broader pattern in New Zealand’s response to image-based sexual abuse: the law tends to evolve only after new technologies expose gaps in existing protections.

First, it was hidden cameras and covert recordings. Then it was revenge porn. Now generative AI. Criminal law has been reactive and is not future-proofed enough to cover new technology-facilitated sexual harm.

The rapid development of new technologies means criminalisation alone is unlikely to stop the spread of sexualised deepfakes.

The tools to create deepfakes are cheap, fast and increasingly easy to access. A recent investigation by the Tech Transparency Project identified dozens of “nudify” and face-swap apps available through both the Apple and Google app stores. These apps can generate sexualised images from ordinary photographs within seconds.

Despite app store policies prohibiting sexually explicit or degrading content, many of these tools remain readily accessible, often disguised as image-editing apps.

Addressing regulation of high-risk apps

Generative AI systems rely on enormous datasets scraped from the internet, frequently including images of women and girls used without their knowledge or consent.

The result is that women’s bodies are increasingly becoming both the raw material for AI systems and the targets of abuse generated by them. That is why New Zealand needs to think beyond criminal law and address regulation.

Australia is moving to ban nudification apps and websites. So is the United Kingdom and the European Union. New Zealand should follow suit.

More broadly, New Zealand should consider a regulatory framework for high-risk AI systems, particularly for technologies capable of generating non-consensual sexual content.

This could include mandatory safety guardrails in image-generation systems, stronger obligations on app stores and platforms distributing these tools, and transparency requirements around AI training data.

The Deepfake Digital Harm and Exploitation Bill is an important step forward and parliament should pass it. But if New Zealand wants to meaningfully address image-based sexual abuse in the age of generative AI, criminal law cannot be the end of the conversation.

Authors: Cassandra Mudgway, Senior Lecturer in Law, University of Canterbury

Read more https://theconversation.com/nz-is-criminalising-sexualised-deepfakes-banning-apps-that-make-them-should-be-next-282127

Your Baby's First Year: A Local Guide to Feeding, Sleep, and When to Get Extra Support

Ask ten parents in a Brisbane mothers' group how their baby is feeding or sleeping, and expect ten different answers.  Someone's baby sleeps throu...

Kitchen and Laundry Makeover Ideas That Don't Require a Full Renovation

Full kitchen renos are expensive — and most people don't actually need one.  They need the kitchen to stop looking like it's stuck in 2009, or t...

How Technology Is Reshaping the Modern Australian Commercial Kitchen

The commercial kitchen has always been shaped by technology. Refrigeration changed how ingredients could be stored, modern ventilation transformed k...

The Number on a Roller Blind Fabric That Nobody Explains

Somewhere in the fabric book, next to the colour name, there is a percentage. Three per cent. Five per cent. Ten per cent. Nobody explains it, most c...

What’s Trending in Men’s Jewellery This Father’s Day!

Finding a Father’s Day gift that feels personal, stylish and genuinely wearable is not always easy. While socks and novelty mugs have traditionall...

Road Signs: Understanding Their Role in Clear and Effective Signage

Effective signage and display hardware can help businesses communicate information, promote products and organise customer or visitor movement. Road...

Bottle Label Printing: Key Factors to Consider Before Your Next Packaging Run

Effective packaging begins with understanding the product, bottle material, artwork and production requirements when planning bottle label printing. H...

Planning a Long-Distance Move With Interstate Movers Melbourne

Moving between states involves more planning than a typical local relocation. Along with packing and transporting household belongings, you need to...

Understanding the Role of an I/O Controller in Industrial Automation

Modern industrial systems depend on accurate communication between sensors, machines and control systems. An I/O controller can help manage this commu...

How the Right Mining Hose Supports Demanding Operations

Mining environments place considerable demands on equipment used for material transfer, water management and processing. Hoses operating in these co...

Simple Ideas for Making Social Gatherings More Memorable

We have all been to those parties where everyone just stands around the kitchen island, staring at their phones, waiting for someone else to make a mo...

Outdoor Wall Lights: Improving Exterior Lighting Around Your Home

Lighting can influence how a room looks, feels and functions, so the right fitting should be selected according to both appearance and practical req...

Commercial Office Cleaning: Combining Routine Office Cleaning With Melbourne Service

Keeping a workplace clean requires a service that can accommodate everyday tasks as well as the particular needs of the business. Professional comme...

Caravan Sales in Queensland: How to Find the Right Caravan for Sale QLD

Caravan ownership is about more than having somewhere to sleep while travelling. For many Queenslanders, it is one of the best ways to explore regio...

What Sir Walter Buffalo Turf Actually Costs in 2026 (And Why Quotes Vary So Much)

Two quotes landed on a Hills District homeowner's kitchen table last spring for the exact same 80-square-metre backyard. One said $12 a metre. The o...

Nearly 1,300 NSW Hospital Beds Are Occupied By People Who Are Ready To Go Home

1,276 people in NSW hospitals have been medically cleared for discharge but remain in hospital because they're still waiting for NDIS or aged care sup...

National Survey Launched to Measure Operational Impacts of Federal NDIS Policy Reforms

The effects of recent NDIS reforms are beginning to move beyond policy papers and into day to day service delivery. A new national survey is asking ...

Beyond the Nappy Cake: Baby Shower Gifts That Get Used

What new Australian parents unwrap, keep, and quietly thank you for months later. Six weeks after my daughter was born, I did an audit of the baby sh...