McClure needs to convince 60 MPs to support it so that it can skip the member’s bill ballot process.
“As far as bypassing the tin, I’ve got great support from the Greens, which is sometimes a bit unusual coming from Act, but they also share the same concerns. Labour and definitely New Zealand First, and I’m talking to Hana-Rāwhiti [Maipi-Clarke, Te Pāti Māori MP] as well to discuss if she’s on board too.
“I’ve written to all the party whips saying I think this is something a bit more serious and requires a lot more urgency,” she said.
McClure said the bill would protect against any synthesised images, whether they’re created by current or future technology.
It’s something some experts believe our legal system lacks, given some laws pertaining to imagery and recordings were brought about before mobile devices had cameras.
Conversations around alleged covert recordings of women without their consent have made headlines in the last week.
Prime Minister Christopher Luxon’s former deputy chief press secretary, Michael Forbes, was accused of making secret audio recordings of sessions with Wellington sex workers, as well as taking photos of women in compromising positions at the gym.
He was the subject of a 2024 investigation after police received a report from a Wellington brothel manager last July. Police ultimately decided the available evidence “did not meet the requirements for criminality, and therefore charges could not be filed”.
University of Canterbury professor, Dr Cassandra Mudgway, told The Front Page the case has exposed some gaps in the law.
“This is a really good opportunity to step back and have a look at our current laws and while they address some forms of non-consensual recording, they were designed with specific technologies and behaviours in mind.
“That slate of criminal offences I’m talking about was created in 2006, when there was an influx of digital cameras. It’s not created with everyone having high-powered cameras on their phones like we do now with smartphones.
“As a result, the criminal offences that we have failed to capture newer, equally harmful conduct like the covert intimate audio recordings, but also things like synthetic media abuse like non-consensual sexualised deep fakes.
“I think we need to look at law reforms in a different way. Something that is more technology-neutral, and perhaps look at what kind of harm we want to protect people from. We want to protect sexual autonomy, bodily integrity, privacy, and a real focus on that lack of consent,” she said.
McClure has spoken to students, teachers, and parents around the country about her bill against deepfakes and has heard some harrowing accounts.
“A 13-year-old girl... she was deepfaked and it was shared amongst her peers at school in Year Nine, and she attempted suicide on the school site. It was absolutely terrifying and traumatising, not just for the individual, but for her peers and the school.
“The lack of support and resources around this is really terrifying. Other than that case, I’ve heard of many, many other young, predominantly female, who this is happening to. Whether it’s at school, university, or within the workplace,” she said.
SUICIDE AND DEPRESSION
Where to get help:
If it is an emergency and you feel like you or someone else is at risk, call 111
Listen to the full episode to hear more about what’s considered illegal when it comes to recording, and what should be changed.
The Front Page is a daily news podcast from the New Zealand Herald, available to listen to every weekday from 5am. The podcast is presented by Chelsea Daniels, an Auckland-based journalist with a background in world news and crime/justice reporting who joined NZME in 2016.
You can follow the podcast at iHeartRadio, Apple Podcasts, Spotify, or wherever you get your podcasts.
