Halifax woman sues over AI deepfake nude images of her as a minor

A Halifax-area woman is pursuing a lawsuit against a former high school acquaintance who utilized artificial intelligence to generate and distribute sexualized deepfake imagery of her as a minor. The case highlights significant challenges in the Canadian legal system regarding the prosecution of AI-generated non-consensual content.

What happened

According to court documents, the defendant, Mohak Sentil Kumar, accessed a social media photograph showing the victim and three other young women at age 17. Kumar used artificial intelligence to alter the image, making the victim and another female subject appear naked. The defendant subsequently shared this manipulated content with at least one other individual.

Following a police investigation, Kumar was charged with criminal harassment, sending an obscene picture, and the distribution of intimate images without consent. While he pleaded guilty to the first two charges, he contested the distribution charge. In March, provincial court Judge Bronwyn Duffy ruled that existing legislation did not explicitly cover AI-generated images where a real face is attached to a synthetic nude body. Judge Duffy noted that the law at the time did not reflect modern technological capabilities and that it was not within the court's jurisdiction to force-feed AI-generated content into existing definitions of intimate images.

This legal loophole has since been addressed by Bill C-16, which came into effect in June to explicitly cover such AI-driven offenses. The victim has publicly expressed that the legal process was traumatizing and emphasized the need for systemic changes to better protect individuals from technological abuse.