Let's dig in on this issue.
A couple of decisions rendered by courts point to the fact that the use of AI deepfakes to create an intimate image without the consent of the subject of that image is a horrible behaviour that demands action. It's rare that the courts will so clearly point out the need for legislative change to address a particular social harm that they witness and agree is bad but cannot do anything about, because courts recognize that their jurisdiction does not extend to rewriting the offences included in the Criminal Code.
We have an obligation to respond when people are using new technologies to commit old crimes. We have to update our laws to reflect the changing nature of technology. It's not just present, by the way, in the use of AI deepfakes when it comes to intimate images. It's also present when you're looking at criminal harassment, such as when people are increasingly using cellphones to track the whereabouts of their partner without their knowledge, potentially. You also see people threatening to distribute, through online means, child sexual exploitation and abuse material.
If we don't update our laws to reflect the changing nature of technology, we might feel very good about ourselves for what's written on paper until we learn about the severe harm that's befalling innocent Canadians that could have otherwise been prevented.
