Face Value - Addressing Identity Harm Through the Appropriation Tort in the Age of Deepfakes

Abstract

This paper explores the growing issue of non-consensual deepfakes. The paper argues that non-consensual deepfakes inherently harm an individual’s identity by violating the subjects dignity, personhood, and autonomy. By implicating dignity interests, this identity harm caused by non-consensual deepfakes should be addressed through privacy law. New Zealand’s current legal framework is inadequate to handle such cases — I advocate for adopting a dignity-focused Appropriation Tort. This proposed tort would directly address the harm caused by the unauthorised use of an individual’s likeness, providing victims with legal remedies for dignitary harm, even without financial or reputational damage. While not a comprehensive solution, this recommendation represents a crucial first step in equipping New Zealand’s legal system to tackle the unique challenges posed by non-consensual deepfakes.