Artificial intelligence porn victims find Hong Kong inadequately equipped to address the danger
In the heart of Asia, Hong Kong is grappling with a growing concern: the non-consensual creation and possession of AI-generated pornographic images. The recent scandal at the University of Hong Kong (HKU) has sparked a heated debate, highlighting the city's perceived lack of preparedness to counter the fast-growing threat.
The incident at HKU involved hundreds of images of at least 20 women, primarily affecting women, with an estimated 90% of victims being female. This suggests it is a form of gender-based sexual violence.
The university's initial response was to give the student a warning letter and make him apologize. However, this has been criticized as insufficient, with legal experts and policymakers calling for fast enactment of focused laws to effectively regulate AI pornography generation.
Current laws, such as the Personal Data (Privacy) Ordinance and criminal laws against disclosure of obscene images, are principle-based and applicable to misuse of personal data or distribution but do not explicitly prohibit the creation or possession of AI-generated deepfake porn.
To address this gap, targeted legislation explicitly criminalizing the non-consensual generation and possession of AI-generated pornographic images is needed. Key points for revising Hong Kong laws could include:
- Explicitly criminalizing the creation of AI-generated pornographic images without consent.
- Penalizing possession of AI-generated pornographic content, not just distribution.
- Ensuring victims’ protections, such as swift removal mandates for platforms hosting the content and clear complaint mechanisms.
- Implementing technology-neutral, principle-based statutes reinforced with AI-specific provisions.
- Supporting victims via expanded sexual harassment and privacy laws that correlate with evolving AI threats and gender-based abuses.
Legal action has been difficult in cases where pictures are not circulated, as Hong Kong currently criminalizes the distribution of intimate images, including AI-made ones, but not their creation or possession. After the women went public with the scandal, Hong Kong's privacy watchdog launched a criminal investigation, and the Equal Opportunities Commission is handling a related complaint.
The victims have had to deal with public backlash. A university law student named "C" was victimized by AI-made pornography created by a classmate. The three students feel they have had to deal with public backlash, with C temporarily stopping social media use due to concerns about privacy violations.
One of the victims, "B", felt betrayed as the perpetrator was considered a friend. B believes that the mere creation of AI porn is a problem and that a line should be drawn at creation to protect bodily autonomy, privacy, and dignity.
The case of "A", another victim, could not be heard before a disciplinary committee. Janice, a woman in her late 20s, was a victim of AI-made pornography a few years ago and never found the culprit. Janice worried that the damage might "never end" and experienced suicidal thoughts and sudden bouts of crying.
As the debate continues, it is clear that Hong Kong’s current legislation allows for action on misuse and distribution but lacks comprehensive provisions for creation and possession of AI-made pornography. Statutory updates are necessary to specifically criminalize these acts, offer robust victim remedies, and keep pace with evolving technology abuses.
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