Who owns your face in the age of A.I? - Lawyer warns NZ law is outdated following Huffer…

In June 2024, model Elijah Timmins-Scalon sparked a public debate regarding image rights and the use of artificial intelligence after claiming clothing brand Huffer utilized his likeness in advertisements without authorization. The incident has highlighted significant gaps in New Zealand’s current legislative framework regarding the protection of personal identity in the age of generative AI.

What happened

Timmins-Scalon posted a viral video on Instagram expressing concern that Huffer was using AI to repurpose past campaign images of himself and other models. Following the video, the brand initiated legal action against the model, requesting the removal of posts they deemed harmful or misleading under the Harmful Digital Communications Act. While Huffer issued a statement apologizing for the distress caused, they maintained that they did not use the model's likeness, asserting instead that the advertisement was AI-generated and that the technology to generate images from specific individuals does not exist.

However, other models have since come forward with evidence, providing photos that they argue bear a strong resemblance to the brand’s AI-generated advertisements. Legal experts note that this case exposes the limitations of New Zealand's Copyright Act, which dates back to 1994 and does not adequately address modern AI capabilities. Beyond copyright concerns, the situation has raised questions regarding cultural ethics, particularly regarding the use of AI to generate images that appear Māori. Critics argue that using such imagery without consent misrepresents the endorsement of products and fails to respect the whakapapa associated with a person’s image. As the debate continues, lawyers are calling for a legislative update to better protect individuals from unauthorized AI-driven digital replication.