Digital detox

The rise of deepfake technology has sparked debate in New Zealand over whether existing legislation, particularly the Harmful Digital Communications Act 2015 (HDCA), is sufficient to address the harms caused by Al-generated content. Act MP Laura McClure has introduced the Deepfake Digital Harm and Exploitation Bill, a private member's bill proposing amendments to the Crimes Act and the HDCA. But is new legislation truly necessary?

- David Harvey

The HDCA was enacted to deter and mitigate harm from digital communications, and to provide victims with swift avenues for redress. The act defines “digital communication” broadly, encompassing any form of electronic communication - including text, photos, recordings or other electronically conveyed content.

Crucially, the HDCA targets the means of communication as well as the content. This includes voice calls via digital networks and content shared on platforms such as Facebook. Under section 22, it becomes an offence to post digital communications with the intent to cause harm - defined as “serious emotional distress”.

“Post” is interpreted broadly: any transfer, sending, publishing, or dissemination electronically, whether or not the information is true. Truth, interestingly, is not a defence under the HDCA, unlike in defamation law, underscoring a distinction between online and offline speech.