Unprepared Hong Kong Faces Risks of AI-Generated Porn Victims
In a recent development, Hong Kong is facing a growing issue of AI-generated deepfake pornography, with several incidents coming to light in the past year. The victims, including students "C", "B", and "A", have spoken out about their ordeals, sparking a much-needed debate in the city.
The incident involving "C" saw the creation of graphic images of multiple women, with hundreds of images of at least 20 women discovered on the student's laptop. The mere creation of such content, according to "B", undermined their bodily autonomy, privacy, and dignity.
Currently, Hong Kong criminalizes the distribution of intimate images, including AI-made ones, but not their creation or possession. This legal loophole makes prosecution difficult when no evidence of circulation exists.
The Personal Data (Privacy) Ordinance, which covers misuse of personal data in deepfake images, is principle-based and technology-neutral but mainly targets the misuse or disclosure of data rather than creation itself. The privacy commissioner has stated that there is no immediate need to amend this law, but it can be difficult to apply in AI deepfake cases without circulation of images.
Other laws, such as criminal ordinances on obscene images, may apply to distribution but do not explicitly cover AI-generated pornography creation. Legal experts, including the Hong Kong Bar Association chairman, urge for a targeted law that specifically addresses AI deepfake porn, avoiding relying on ill-fitting existing legal tools designed for other harms.
Advocates highlight the high prevalence of women as AI porn victims (around 90%) and emphasize that this is a form of technology-facilitated gender-based sexual harassment and violence. They call for a legal framework that explicitly recognizes this dimension.
Legislative revision should also expand procedures and support for victims. This includes better complaint handling by authorities like the privacy commissioner and the Equal Opportunities Commission, and clearer legal pathways for compensation and emotional distress claims.
Comparative examples from other jurisdictions, such as Britain and Singapore, show a trend towards criminalizing not just distribution but also the creation of AI-generated intimate images. Hong Kong could emulate this approach to strengthen protections.
The University of Hong Kong (HKU) has been in contact with the students involved, but they cannot comment further as the case is under active review. The university's initial response was to give the student a warning letter and make him apologize. However, the students have had to deal with public backlash.
The Hong Kong Association Concerning Sexual Violence Against Women received 11 similar requests for help between last year and this year. C temporarily stopped posting on social media, worried about who else might screengrab her photos. Another woman, Janice, experienced a similar incident a few years ago and never found the culprit. Janice felt the damage might "never end" and experienced suicidal thoughts and sudden bouts of crying.
The trio, despite facing public backlash, believe offenders should face long-term consequences. After the students went public with the scandal, Hong Kong's privacy watchdog launched a criminal investigation, and the Equal Opportunities Commission is handling a related complaint.
In summary, Hong Kong needs to enact focused legislation criminalizing the creation and possession of AI-generated deepfake pornography and update enforcement and victim support mechanisms accordingly. This approach would improve legal clarity, closing loopholes that allow perpetrators to avoid prosecution when images are not publicly distributed, while addressing the significant psychological and social harm caused by such technology-facilitated sexual harassment.
- The issue of AI-generated deepfake pornography, a form of technology-facilitated gender-based sexual harassment and violence, has been a growing concern in health-and-wellness and sexual-health discussions, particularly in light of the increasing number of cases in Hong Kong.
- Legislative changes are needed to address this problem effectively, with many advocating for a targeted law that specifically criminalizes the creation and possession of AI deepfake porn, similar to the approaches in countries like Britain and Singapore.
- Technology experts and legal professionals argue that such a law would not only strengthen protections but also improve legal clarity, closing loopholes that enable perpetrators to evade prosecution when images are not publicly distributed, which often leads to significant psychological and social harm.
