New Zealand Deepfake and Intimate Image Law

Sharing an intimate image of someone without their consent is already against the law in New Zealand, and the arrival of AI-generated deepfakes has pushed Parliament to update the rules. This page sets out what is illegal today and what a 2025 bill proposes to add.

This is general information about New Zealand law, not legal advice. For your own situation, consult a lawyer or your local Community Law centre.

What is already illegal today

New Zealand does not need a special deepfake law to act against a lot of intimate-image abuse, because two existing laws already apply. The Crimes Act 1961 makes it an offence to make, possess, or publish an intimate visual recording of a person without their consent. Separately, the Harmful Digital Communications Act 2015 treats a seriously harmful online post as both a matter Netsafe can help resolve and a ground for a District Court takedown order, and posting a communication intending to cause harm can be a criminal offence.

Where deepfakes create a gap

The difficulty with a deepfake is that the intimate image was never a real recording of the person; it was synthesised or altered by software. That raises the question of whether a fake image fits the existing definition of an intimate visual recording, which was written with real photographs and videos in mind. In many cases the harmful-communications and privacy rules still bite, but the boundary is not always clear.

The 2025 bill

To close that gap, a member's bill, the Deepfake Digital Harm and Exploitation Bill, would amend the Crimes Act 1961 and the Harmful Digital Communications Act 2015 so that the definition of an intimate visual recording expressly includes images that are created, synthesised, or altered to appear intimate. The bill passed its first reading in Parliament and is before a select committee taking public submissions, so it is a proposal under consideration and not yet law. Until it is enacted, the position is governed by the existing Crimes Act and Harmful Digital Communications Act rules described above. For the wider picture, see the New Zealand online safety section and the New Zealand law guide.

Frequently Asked Questions

Is it illegal to share a deepfake nude of someone in New Zealand?

Sharing a non-consensual intimate image is already unlawful under the Crimes Act 1961 and can be addressed under the Harmful Digital Communications Act 2015, and a realistic fake of a real person can engage those laws and privacy law. A member's bill would put the position beyond doubt by expressly covering AI-created and altered images, but that bill is not yet law. Whether a particular image and act meet the legal test is a matter for the authorities and the courts.

How do I get an intimate image removed in New Zealand?

The usual first step is to contact Netsafe, the approved agency under the Harmful Digital Communications Act, which can try to resolve the matter and work with the platform. If that does not resolve it, an application can be made to the District Court, which can order the content taken down. If the image involves a child or you are in danger, contact the Police.

Is the deepfake bill now law in New Zealand?

Not yet. The Deepfake Digital Harm and Exploitation Bill is a member's bill that has passed its first reading and is before a select committee taking submissions. Until it is enacted, deepfake intimate images are dealt with under the existing Crimes Act 1961 and Harmful Digital Communications Act 2015.