NZ is criminalising sexualised deepfakes – banning apps that make them should be next
The article argues that New Zealand’s proposed law criminalising sexualised deepfakes is an important step, but not enough on its own. The new Deepfake Digital Harm and Exploitation Bill would make creating, sharing, or selling non consensual sexually explicit deepfakes illegal. The move follows growing global concern over AI generated fake sexual content, especially involving women and girls.
The author explains that deepfakes are AI generated images, videos, or audio designed to falsely depict real people. In sexualised deepfakes, ordinary photos are manipulated into explicit content without consent. Studies show most deepfake pornography targets women, causing humiliation, anxiety, and loss of autonomy.
Current New Zealand laws only partially cover this abuse because they were created before generative AI existed. Existing legislation focuses on real recordings or proof of emotional harm, making prosecutions difficult when entirely fake images are involved. The proposed bill expands the legal definition of intimate visual recordings to include AI created or altered content.
However, the article says criminal law is reactive and cannot keep up with rapidly evolving AI tools. “Nudify” and face swap apps remain widely available through app stores, allowing users to generate explicit fake images in seconds. The author argues governments should regulate or ban such apps directly, following moves already underway in Australia, the UK, and the EU.
The article also raises concerns about AI systems being trained on massive datasets scraped from the internet, often using women’s images without consent. It calls for broader AI regulation, including safety guardrails, stronger app store responsibilities, and transparency around training data. The conclusion is that criminalisation is necessary, but meaningful protection against AI enabled sexual abuse requires stronger technology regulation as well.
