Deepfake porn case in Hong Kong highlights need for vigilance on legal front

South China Morning Post

7 hours ago

The growing use of artificial intelligence across different fields has created as many threats as benefits, raising questions over whether the technology should be more closely regulated. Even though the authorities in Hong Kong argue that online actions are generally covered by legislation enacted to address crimes in the physical world, there have been calls for wider reforms whenever something goes wrong.
In the
latest controversy , a law student of the University of Hong Kong was found to have fabricated pornographic images of dozens of classmates and other women using free online AI software. The more than 700 images were reportedly organised into folders named after the victims and stored on the student's personal laptop, where they were discovered by a friend of the student in mid-February. The case only came to light on Saturday after
three alleged victims put up a social media post questioning whether the university had done enough to hold the student accountable.
The institution responded that the student in question had received a warning letter and was asked to issue a formal apology to the affected classmates, adding that it would further review the case and take action when appropriate to ensure 'a safe and respectful learning environment'.
The incident has raised concerns not just because it was apparently handled in a lenient way but also because of questions over the adequacy of AI regulations, with some lawmakers and advocacy groups calling for a ban on
deepfake pornography . South Korea passed a law last September making possessing and viewing deepfake porn punishable by up to three years in prison or a fine of up to 30 million won (US$21,740). The maximum prison sentence for creating and distributing non-consensual deepfake explicit images was also increased from five to seven years.
Hong Kong does not have specific laws regulating AI. But the new technology does not fall outside the law. Officials say most legislations designed to prevent crimes in the physical world are in principle also applicable to the cyber world. The Crimes Ordinance was amended in 2021 to introduce offences related to the publication or threatened publication of intimate images without consent. These offences are also applicable to images altered by AI technology to depict an intimate body part or an intimate act of an individual, according to the government. Separately, various authorities have issued guidelines to promote responsible use of AI in different fields.
The rapid uptake of new technologies has left no room for complacency when it comes to regulation. The authorities must keep a constant and close watch on whether the existing laws can effectively deal with adverse consequences.