AI porn case doesn't necessitate law adjustment, asserts Hong Kong privacy authority
In a recent seminar at the Hong Kong News-Expo, Ada Chung Lai-ling, the Privacy Commissioner for Personal Data, reaffirmed that the city's current legal framework is capable of handling offences related to AI-generated deepfake pornography.
The Personal Data (Privacy) Ordinance, a principle-based and technology-neutral law in Hong Kong, applies to breaches involving AI-generated pornographic content. Complaints in this area are treated the same as other personal data breaches. Additionally, other criminal laws that forbid the disclosure of obscene images can be enforced against such offences.
Chung emphasized that the existing law is sufficient to handle offences related to AI-generated deepfake pornography, without expressing a need for immediate amendments. However, she did not specify whether she believes the Personal Data (Privacy) Ordinance is the primary law to be applied in such cases or whether it is technology-neutral enough to apply to AI-generated deepfake pornography.
Recently, a high-profile case at the University of Hong Kong prompted Chung's comments. Although no specific cases or incidents related to AI-generated deepfake pornography that her office has handled or is currently handling were mentioned, a notable incident where a male law student created over 700 AI-generated pornographic deepfake images of female classmates—though not distributed—triggered a criminal investigation by Chung's office.
Despite this, some lawmakers and advocates recognize possible gaps in the current laws. Existing laws primarily outlaw publishing or threatening to publish superimposed obscene images but do not explicitly criminalize merely creating AI-generated deepfake pornographic images without consent. This has prompted calls to consider new legislation, taking cues from international examples like Australia, South Korea, and the UK, where laws have been introduced or proposed to criminalize not just distribution but also creation and possession of non-consensual deepfake pornography.
Chung did not elaborate on whether she believes the existing legislation in Hong Kong is comprehensive enough to handle all aspects of AI-generated deepfake pornography cases. She also did not address whether she believes the existing legislation is adequate for handling all offences related to AI-generated deepfake pornography.
In summary, Hong Kong's current laws address AI deepfake pornography through data privacy and obscene image provisions, as reaffirmed by Ada Chung Lai-ling. However, there is ongoing public and legislative debate on whether more specific laws are needed to fully cover creation and possession of such content.
The Personal Data (Privacy) Ordinance, a technology-neutral law in Hong Kong, applies to breaches involving AI-generated pornographic content, treating complaints in this area the same as other personal data breaches. Technology-neutrality in the law suggests that it can handle offences related to AI-generated deepfake pornography.
Despite ongoing public and legislative debate on whether more specific laws are needed to fully cover creation and possession of AI-deepfake pornographic content, general-news reports indicate that the current laws in Hong Kong address this issue through data privacy and obscene image provisions.
