AI porn victims face unreadiness in Hong Kong to combat the issue
In recent years, Hong Kong has been grappling with the issue of technology-facilitated sexual harassment, particularly the creation and possession of AI-made pornography. A case at Hong Kong University (HKU) involving hundreds of images of at least 20 women on a student's laptop has brought this issue to the forefront.
Last month, a 20-year-old woman named C exposed an AI porn scandal at HKU. The university has been in contact with the students involved but cannot comment further due to the case being under active review. The three students involved have had to deal with public backlash.
Another student, B, stated that the mere creation of AI porn is a problem and that if a line must be drawn, it should be drawn at creation. B felt betrayed as the perpetrator was considered a friend, and her bodily autonomy, privacy, and dignity were undermined by the creation of AI porn.
Susanne Choi from the Chinese University of Hong Kong has observed that the HKU case involved an estimated 90% of victims being women, suggesting it is a form of gender-based sexual violence. A woman named Janice, in her late 20s, was devastated a few years ago when fake obscene images were sent to her friends and never found the culprit.
Discussions in Britain and Singapore show a growing willingness to penalize the creation of deepfake pornography, though opinion is split on possession. Lawmakers and universities need to expand and revise existing laws and procedures to better cope with technology-facilitated sexual harassment.
Key revisions could include explicitly criminalizing the creation of AI-made pornographic images without consent, recognizing this as a form of gender-based sexual violence. Penalizing possession of AI-generated pornographic content that violates privacy or sexual consent would also help prevent offenders from escaping legal responsibility simply by not distributing such images.
Implementing positive duties on employers and institutions to prevent and respond to sexual harassment in digital contexts would also be beneficial. Models like Australia's enhanced workplace sexual harassment laws, which enforce positive duties and limit confidentiality clauses, could serve as inspiration.
Banning or limiting non-disclosure agreements (NDAs) in technology-facilitated sexual harassment cases would promote transparency and support victims in coming forward without fear of silence clauses. Establishing clearer definitions and guidelines for technology-facilitated sexual harassment, including AI-generated content, would guide law enforcement, judicial interpretation, and victims’ recourse.
Empowering agencies like the Equal Opportunities Commission and privacy watchdog with specific mandates and resources for investigating AI-related sexual harassment would strengthen enforcement. These revisions would align Hong Kong law with growing international discussions on regulating AI pornography, balancing protection of victims, privacy concerns, and advances in technology.
Doris Chong, the executive director of the association concerning sexual violence against women, observed an uptick in similar cases and believes some may be hidden if victims don't know how to seek help. The Hong Kong Association received 11 similar requests for help in 2024-25.
The student named C endured periods of self-doubt due to comments like "You are ruining the guy's future, you should apologize to him." C temporarily stopped posting on social media, worried about who else might screengrab her photos for what purpose.
In summary, Hong Kong's legal framework requires expansion beyond current distribution bans to also criminalize the creation and possession of AI-made pornography. Combined with proactive workplace harassment prevention and reform of confidentiality practices, this would effectively tackle technology-facilitated sexual harassment in the AI era. After the women went public with the scandal, Hong Kong's privacy watchdog launched a criminal investigation, and the Equal Opportunities Commission is handling a related complaint.
