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Secretary for Justice Paul Lam told RTHK that the Law Reform Commission will examine whether the creation of AI‑generated pornographic images of a person without consent should itself be criminalised. The issue will be part of a broader AI‑related sub‑review carved out of an ongoing computer‑crime reform effort. Lam said no decision has been made yet and that the sub‑committee will conduct further research and public consultation before any proposals are drafted, which he hopes could be ready by the end of the year.
During an RTHK radio interview on September 26, 2026, Secretary for Justice Paul Lam confirmed that the Law Reform Commission is set to study whether the creation of AI‑generated pornographic images without a person’s consent should be criminalised. He clarified that the question pertains to the production stage, distinct from distribution or subsequent offences such as extortion.
Lam explained that the AI‑related portion of the review has been separated from a larger computer‑crime reform project to accelerate its progress to the public consultation phase. He emphasized that the commission will need to define clear legal boundaries to avoid ambiguity about what constitutes illegal AI‑generated content.
No concrete legislative proposals have been drafted yet. Lam indicated a personal hope that proposals could be ready by the end of 2026, but he stressed that this is not a formal timetable and that the sub‑committee must first complete research and discussion.
The discussion also touched on broader gaps in existing legislation, with Lam suggesting that clearer definitions could increase legal certainty for both developers and users of AI technologies.
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The move signals one of the first explicit governmental attempts to address deep‑fake sexual content created by artificial intelligence, a growing concern worldwide. By potentially criminalising the mere production of such images—even if they are never distributed—the proposal could create a legal deterrent against the misuse of for sexual exploitation, protect victims’ privacy, and set a precedent for other jurisdictions grappling with similar harms. It also raises questions about how law can keep pace with rapidly evolving AI capabilities while avoiding over‑regulation that might stifle legitimate innovation.
AI‑generated deep‑fake pornography has emerged as a serious threat to personal privacy and can be weaponised for harassment, blackmail, and other crimes. By targeting the creation stage, Hong Kong aims to pre‑emptively curb the supply of such harmful content.
The proposal could set a legal for other jurisdictions, many of which are still debating how to address AI‑driven sexual abuse. A clear offence could facilitate enforcement actions and provide victims with stronger recourse.
Balancing regulation with innovation is critical; overly broad restrictions could hinder legitimate uses of in entertainment, education, or art. The commission’s research will need to delineate the line between harmful misuse and lawful expression.
The public consultation phase will allow civil society, industry, and academic experts to weigh in, potentially shaping a nuanced framework that addresses both privacy protection and technological development.
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Key developments to monitor include the Law Reform Commission’s sub‑committee report, the scope of any eventual offence (production vs. distribution vs. use), and the timeline for public consultation. Stakeholder reactions—from civil‑rights groups, tech firms, and legal scholars—will shape the final legislation. International observers will watch whether Hong Kong’s approach influences broader regional or global policy on AI‑generated sexual content.
The release of the Law Reform Commission’s sub‑committee report, which will outline specific legal definitions and recommended offences.
Feedback from the public consultation, especially from privacy advocates, tech companies, and legal experts, which could influence the final wording of any legislation.
Potential legislative timelines and whether the proposed offence will be enacted before the end of 2026 as hoped by Lam.
International reactions and whether other jurisdictions adopt similar approaches, indicating a possible global trend in AI‑related sexual abuse law.