Fake Images, Real Harm: A Case for Criminalising Non-consensual Intimate Deepfakes

Abstract

Advancements in artificial intelligence technologies have led to the perpetration of sexual violence in novel ways. Non-consensual intimate deepfakes (NCIDs) are a pernicious and pervasive form of sexual violence involving the creation, distribution or threatened distribution of digitally manipulated intimate images without consent. The law must be updated to effectively tackle harmful behaviours as they arise. This article aims to identify the most appropriate and effective way for New Zealand lawmakers to address the growing problem of NCIDs, in light of their significant individual and social harms. First, a positive case for criminalisation is made out through an examination of the individual and collective harms caused by NCIDs. Secondly, an analysis of the different available regulatory mechanisms establishes a negative case in support of criminalisation. Finally, this article offers specific recommendations for enacting distinct criminal provisions targeting NCIDs, as part of a broader integrated approach that is both proactive and reactive to the emerging NCID phenomenon.