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This page is about a bill. That means that it's not the law yet, but some people want it to be the law. It could change quickly, and some of the information is just a draft.

Deepfake Digital Harm and Exploitation Bill

Amendments to Crimes Act 1961

4: Section 216G amended (Intimate visual recording defined)

You could also call this:

"Protecting people from fake intimate photos and videos being shared without consent"

Illustration for Deepfake Digital Harm and Exploitation Bill

The proposed law change says an intimate visual recording includes a recording that has been created, synthesised, or altered without your knowledge or consent. This recording appears to show you naked, or doing something private like showering or an intimate sexual activity. The law considers you the subject of the recording if you are featured or depicted in it. The proposed change adds that if someone makes a recording that looks like it's of you, but it's actually been altered, you are still the subject of that recording. This means the recording is about you, even if it's not a real picture or video of you. You are the subject if you appear in the recording, even if it's been changed or faked. The law is trying to protect people from having private or intimate recordings shared without their consent. This includes recordings that have been altered to make it look like someone is doing something they are not really doing. The proposed change aims to make it clear what is considered an intimate visual recording and who is the subject of such a recording.

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View the original legislation for this page at https://legislation.govt.nz/act/public/1986/0120/latest/link.aspx?id=LMS1536420.

Topics:
Crime and justice > Criminal lawRights and equality > Anti-discriminationRights and equality > Privacy
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3: Principal Act, or

"Changes to the Main Crime Law"

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5: Principal Act, or

"Changes to the Harmful Digital Communications Act"

Part 1Amendments to Crimes Act 1961

4Section 216G amended (Intimate visual recording defined)

  1. After section 216G(1), insert:

  2. In sections 216H to 216N, intimate visual recording includes a visual recording that has been created, synthesised, or altered without the knowledge or consent of the person who is the subject of the recording, and appears to show the person—

  3. naked or with their genitals, pubic area, buttocks, or female breasts exposed, partially exposed, or clad solely in undergarments; or
    1. engaged in an intimate sexual activity; or
      1. engaged in showering, toileting, or other personal bodily activity that involves dressing or undressing.

        1. After section 216G(2), insert:

        2. In this section and section 216N, subject, in relation to an intimate visual recording, means an individual who is, or appears to be, featured or depicted in the recording.