We’ve recently entered the new age of AI-generated content; where your face, voice and even personality can be replicated with just a few clicks.
Cases of New Zealanders in the public eye being “deepfaked” by scammers to trick Kiwis into thinking they’re endorsing dodgy business ventures are proliferating. A Taranaki woman lost $224,000 to a scheme involving fake AI video of Prime Minister Christopher Luxon in 2024, and in August 2025, well-known economist and businessman Gareth Morgan found his face and another fake video on a Facebook scam page. Journalists have also been targeted.
But it’s not only scammers and their victims who should beware. Legitimate businesses (and people) could also find themselves damaging their brand and risking legal repercussions for using AI the wrong way. A failure to seek consent for using real people’s images in AI-generated content, or even not declaring you’ve used AI, could end up creating audience backlash or worse, get you into trouble with the law.
What is the law around image use in New Zealand?
Unfortunately, New Zealand doesn't have a standalone "image rights" law. While copyright protects original works (like photos), it doesn't protect anyone's face or voice specifically. The legal system more broadly recognises remedies for breaches of privacy or for using someone's likeness to falsely suggest an association. There are also remedies for any reputational harm this creates. In the case of using a deceased person's likeness, there is no broad, statutory way to exert control over the deceased’s likeness or image after death.
In the most basic of terms, the way to protect your likeness from AI-generated content is currently fragmented at best and deeply lacking at worst. At the moment, legislators are most focused on stamping out people’s images being misused in deepfake porn, for which New Zealand recently saw its first prosecution in October 2025.
For businesses looking to keep in line with the law, the current lack of clarity could create potential headaches. Although New Zealand’s legislative framework addressing AI-generated technology is piecemeal, this doesn’t mean businesses are free to use this technology without restriction.
What are the lessons for businesses?
While the laws may contain gaps, there’s still some leeway to apply existing rules to new AI technologies in some instances, where a business is clearly misrepresenting an individual for profit, which could bring them into disrepute. Even when the use of AI could be considered “harmless”, consider the potential reputational damage that could be caused by a lawsuit where your business practices and values are challenged for infringing someone’s right to control their image or voice.
This is definitely not a case of “all publicity is good publicity”. It could end up costing significantly more in lost business and reputation-building afterwards than just the cost of the lawsuit.
To best protect themselves from legal claims and avoid getting into hot water, businesses should:
- Seek consent: Even if programmes – like OpenAI's Sora – can be used by anyone to generate videos featuring others, getting actual consent is still the gold-standard of legal approval when commercially using someone's likeness. Many businesses use video or photography waivers that people who feature in their marketing and videos are required to sign. However, people are unlikely to agree to their likeness or voice being featured in perpetuity in a way they didn’t agree to. That requires a different approach and is likely to mean seeking further consent for each use.
- Avoid implying endorsement without permission: Never use someone's likeness in a way that suggests they support your product or service unless you have their permission.
- Think about reputation: While 82-87% of Kiwi organisations are now using AI in some capacity, only 34% of New Zealanders trust the technology, according to AI New Zealand. So, if you're going to use AI-generated technology to replicate someone's image, think: are we being transparent and how might consumers react to this in an increasingly AI-hesitant world?
- Watch out for new law: Stay informed. The AI space is rapidly changing and New Zealand will likely follow its international neighbours in establishing stronger laws around non-consensual AI-generated content.
The safe way to use AI-generated content of individuals
A best-practice approach for businesses wanting to use AI-generated imagery of real people involves seeking clear, documented consent from those featured. For example, some New Zealand brands running major advertising campaigns with AI clones of real individuals have ensured that participants provide their express permission for the use of their likeness, voice, or persona. This may include a signed agreement setting out the duration, scope, and any consideration or benefits provided in exchange for their participation.
IP and image rights will only become more valuable as AI is embedded across society. Most businesses with a digital presence will likely one day be using AI-generated content for their marketing and social content. Getting the fundamentals of usage and consent right beforehand will be vital – or they’ll end up generating more than they bargained for.
