Deepfakes involving pornography pose a significant challenge in Hong Kong, according to the head of the city's Bar Association, who advocates for clarifying the current legal framework with a targeted law.
Hong Kong is contemplating enacting a specific law to address the issue of non-consensual creation, possession, and distribution of AI-generated deepfake pornography. This move comes in response to concerns about the current legal gaps in regulating such content.
The proposed legislation, suggested by Jose-Antonio Maurellet, the chairman of the Hong Kong Bar Association, aims to replace existing legal tools that may not be suitable for regulating AI-generated deepfakes within small groups or in cases where no harm is intended.
Maurellet believes that a focused legal framework could be enacted quickly if the government prioritizes it. He highlighted the city's data privacy laws as an example of laws not designed to regulate individuals who distribute AI images within a relatively small group or who do not seek or intend to harm others.
The need for a targeted law to address AI-generated deepfake pornography in Hong Kong remains a concern for Maurellet. He mentioned potential technical arguments that could arise from using existing laws for AI-generated deepfake pornography.
The scrutiny was triggered by a case involving a University of Hong Kong law student who used AI to generate pornographic images of his classmates and other women. Although the student received only a warning from the institution, the case has brought the issue to the forefront.
The proposed law would criminalize the creation of AI-generated pornographic images or videos of identifiable individuals without their consent, not just distribution. It would also target laws at both sharing and possession of non-consensual deepfake pornography, encompassing private sharing within small groups, which current laws may not reach.
Moreover, the law would explicitly include AI-generated content in personal data and intimate image protections. It would also acknowledge harm to victims’ personal autonomy and dignity caused by non-consensual deepfake creation as a basis for legal action.
To ensure effective enforcement, the law would grant stronger enforcement powers to the Office of the Privacy Commissioner for Personal Data, enabling them to investigate AI deepfake cases proactively and impose penalties on offenders.
In summary, Hong Kong needs a dedicated statute defining and penalizing both the creation and dissemination of AI-generated deepfake pornography without consent, with clear provisions tailored to the unique challenges of AI technology and victim protection. The proposed law, if enacted, would provide a more effective means of addressing this growing concern.
Technology plays a significant role in the proposed legislation, as it aims to regulate AI-generated deepfake pornography, a product of advanced technological capabilities. The law intends to replace existing legal tools that may be inadequate for such complex cases, thus demonstrating the importance of technology in shaping contemporary laws and their applications in society.
