Letter to Paul Goldsmith re: Urgent regulation of AI-generated non-consensual intimate imagery and suspension of government communications on X

Monday, 12 January 2026

Hon Paul Goldsmith
Minister of Justice
VIA EMAIL

Tēnā koe Minister Goldsmith,

RE: Urgent regulation of AI-generated non-consensual intimate imagery and suspension of government communications on X

I am writing to you as the Minister of Justice, as you appear to be the most appropriate minister to address this matter given its intersection with digital harm, criminal law, and human rights protection.

Rights Aotearoa is deeply concerned about the ongoing availability of xAI's Grok image generation tool, which has been widely reported as facilitating the creation of non-consensual intimate images, including of public figures and potentially of minors. This represents a serious and immediate threat to human dignity, privacy, and safety—one that demands urgent governmental response both in terms of immediate platform accountability and longer-term regulatory reform.

The nature and scale of the harm

Reports from late 2024 and early 2025 indicate that Grok's image generation capabilities include minimal content moderation safeguards compared to competitor services. The tool has been exploited to create deepfake intimate images without subjects' consent, raising serious concerns about:

• Image-based sexual abuse: The non-consensual creation and potential distribution of intimate imagery constitutes a form of sexual violence with severe psychological and reputational harm to victims
• Child safety: The potential for the tool to generate inappropriate images involving minors
• Gendered and identity-based harm: Women, trans people, non-binary people, and other marginalised groups face disproportionate targeting through image-based abuse
• Erosion of consent and bodily autonomy: The normalisation of non-consensual image manipulation undermines fundamental human rights

This is not a hypothetical risk. It is happening now, and New Zealanders—including some of our most vulnerable communities—are at risk.

Existing legislative frameworks are insufficient

While Aotearoa New Zealand has legislative tools including the Harmful Digital Communications Act 2015 and the Films, Videos, and Publications Classification Act 1993, these frameworks were not designed for the scale and speed of AI-generated content. Current law:

• Places the burden on victims to seek civil remedies or criminal prosecution after harm has occurred
• Does not adequately address platform liability or duty of care
• Lacks preventive mechanisms to stop harmful tools from being made available in the first place
• Does not specifically regulate AI systems that enable mass-scale production of harmful content

The Government has a duty to act proactively, not merely reactively, to protect New Zealanders from foreseeable and preventable harm.

Immediate actions required

I urge you to take the following immediate steps:

1. Formally request that X (formerly Twitter) immediately disable Grok's image generation capabilities until robust content moderation and safety measures—at a minimum equivalent to those employed by other major AI image generators—are implemented and independently verified
2. Suspend all New Zealand Government communications on X until this matter is resolved. The Government should not lend legitimacy or traffic to a platform that hosts tools facilitating sexual violence and the exploitation of minors. Continued government presence on X while these harms persist sends a message that such conduct is tolerable
3. Initiate urgent policy development on AI regulation, specifically addressing:
   • Platform liability and duty of care obligations for AI tools that enable harmful content creation
   • Mandatory safety standards for generative AI systems, including pre-deployment risk assessments
   • Enhanced penalties for platforms that fail to prevent foreseeable harms
   • Stronger protections against non-consensual intimate imagery, including AI-generated content
4. Engage with affected communities, including women's rights organisations, LGBTTQIA+ advocacy groups, and child safety experts, to ensure regulatory responses are informed by those most at risk

The human rights imperative

This issue engages multiple international human rights obligations to which Aotearoa is a party, including:

• The right to privacy and dignity (ICCPR Article 17, UDHR Article 12)
• The right to be free from violence and harmful practices (CEDAW Article 2, CRC Article 19)
• The rights of women and girls to live free from gender-based violence (CEDAW General Recommendation 35)

The Government's failure to act in the face of known and preventable harm would constitute a dereliction of its positive obligations to protect these rights.

Conclusion

Minister, the technology exists. The harm is occurring. The Government has both the power and the responsibility to act.

I respectfully request:

• A meeting with you or appropriate officials to discuss regulatory options and immediate interventions
• A formal response outlining what steps the Government intends to take, and on what timeline
• Public communication from the Government making clear that the exploitation of AI tools for non-consensual intimate imagery is unacceptable and will be met with robust regulatory and enforcement action

Rights Aotearoa stands ready to assist with policy development and to provide evidence of the particular harms faced by trans, non-binary, and intersex communities in this space.

Ngā mihi nui,

Paul Thistoll
Chief Executive
Rights Aotearoa

paul@rightsaotearoa.nz