Covertly filmed content

What is covertly filmed content? Secret recordings, hidden cameras, intimate recordings, and filming without consent

It is against the law in New Zealand to make, possess, or share intimate images or videos of someone without their knowledge or consent. This includes recordings of someone who is nude or partly nude, having sex, or in a private place where they would expect not to be filmed.

Making or sharing intimate recordings without someone’s knowledge or consent can cause serious harm. It can re-traumatise victims by continuing their humiliation, degradation, or loss of control over their own image and privacy. This type of content can also encourage further offending by presenting these acts as acceptable, funny, harmless, sexually appealing, or a form of revenge. When children or young people are involved, the harm is particularly serious, as they may be exploited, abused, or further victimised through the making and sharing of the content. Sexual content involving children and young people is illegal in New Zealand.

This page tells you what New Zealand law (the Films, Videos, and Publications Classification Act 1993) says about covertly filmed content and what you can do if you come across it.

This information is for general understanding and awareness. It is not legal advice.

At a glance

  • Covertly filmed content is content recorded secretly, without someone’s knowledge or consent, usually where they would reasonably expect privacy. This can include intimate images or videos of someone who is nude, partly nude, having sex, showering or changing clothes (intimate visual recordings).
  • Making, sharing or possessing an intimate visual recording of someone without their knowledge or consent can be a crime in New Zealand.
  • Some covertly filmed content may also be objectionable (illegal) under New Zealand’s classification law. This can include content that significantly degrades, dehumanises or demeans a person, depicts degrading sexual or physical conduct, or promotes or encourages criminal acts. Sexual content involving children can also be illegal.
  • Content that promotes or encourages covert filming or sharing intimate recordings can be objectionable. This could include content that approves of these acts, gives instructions on how to do them, or presents them as funny, harmless, entertaining or justified.
  • Covertly filmed content can be objectionable for other reasons too. For example, it may be edited, presented or framed in a way that promotes or supports criminal behaviour or causes serious harm.
  • Not all covertly filmed content is automatically illegal or objectionable. The Classification Office considers the content as a whole, including its context, presentation and overall message.
  • If you come across harmful or potentially illegal content, you can report it. You do not need to be certain that content is illegal before reporting it. Different agencies can assess the content and respond appropriately.

What is covertly filmed content?

Covertly filmed content refers to images, livestreams or videos that are recorded secretly, without a person’s knowledge or consent, usually in circumstances where they would reasonably expect privacy.

This can include recordings of people who are nude, partly nude, engaging in sexual activity, or carrying out private activities such as showering or changing clothes. In this context, we are referring specifically to intimate recordings made without a person’s knowledge or consent, including content that captures someone’s body or private activities without their permission.

Original footage or images can also be altered using editing tools or AI to create misleading or harmful material. Even if content is altered or fake, it can still encourage real-life harm. You can read more about AI and the law here.

Is covertly filmed content illegal?

Not all covertly filmed content is illegal. Whether secretly recording someone is unlawful depends on the circumstances, including where the recording takes place, what is recorded, and how the recording is used or shared.

However, some covertly filmed content is illegal.

In New Zealand, it can be a crime to make, possess or share an intimate visual recording of someone without their knowledge or consent. Under section 216G of the Crimes Act 1961, an intimate visual recording includes images or videos of a person in circumstances where they would reasonably expect privacy. This can include recordings of someone who is nude or partly nude, engaged in sexual activity, or carrying out private activities such as showering, toileting or changing clothes.

Some covertly filmed content may also be classified as objectionable (illegal) under the Films, Videos, and Publications Classification Act 1993. This can include content that significantly degrades, dehumanises or demeans a person, depicts degrading sexual or physical conduct, or promotes or encourages criminal acts or serious harm. Sexual content involving children can also be illegal.

Existing laws apply to the use of recording devices and people should be aware of this when using them, especially for recording others. The technology itself is not necessarily illegal but how it is used matters. For example, smart glasses, smartphones and other recording devices are legal to own and use. But using them to secretly record someone in a private situation, sexually exploit or humiliate someone, or make or share objectionable content can be illegal. For information on Recording People in Public Places check out the Office of the Privacy Commissioner's website.

What does “promote or encourage” mean?

Making, sharing or possessing an intimate visual recording of someone without their consent can be a crime under the Crimes Act 1961. Content that promotes or encourages criminal acts can also be classified as objectionable (illegal) under the Films, Videos, and Publications Classification Act 1993.

In this context, promote or encourage means content that presents covert filming, sharing intimate recordings without consent, or related offending as acceptable, harmless, justified or desirable. This could include content that approves of these acts, encourages people to do them, or suggests that victims deserve to be humiliated or exposed. It could also include content that gives instructions, celebrates or endorses covert filming, or presents it as entertaining, funny, or a form of revenge.

For example, a video that encourages viewers to secretly film someone in an intimate situation and gives them instructions on how to do it could promote or encourage criminal behaviour and may be objectionable.

Covertly filmed content may also be objectionable for other reasons. For example, content that has been covertly filmed could be objectionable if it promotes or encourages other criminal acts, or if it has been edited, presented or framed in a way that promotes or supports criminal behaviour.

The fact that content was covertly filmed is only one part of the assessment. When deciding whether content promotes or encourages criminal acts, we will consider the context, how the content is presented, and the overall message it communicates. 

About the Classification Office’s role and how the law works

The Films, Videos, and Publications Classification Act 1993 balances freedom of expression with protecting people from harm – especially children and young people.

Every piece of content the Classification Office sees is different and to decide whether something is illegal it must consider each one on its own merits and carefully apply the Act and the principles of fairness and natural justice. There are also serious penalties for offences under the Act. This is why decisions about whether content is illegal are made by trained experts at the Classification Office, who, guided by the Act, follow a very transparent and fair process before making a decision.

You can read more about the classification process here.

Why or where might people come across objectionable covertly filmed content?

Like any content, people can come across covertly filmed content in a variety of ways, for example, on social media platforms, websites, messaging apps, file-sharing sites, or through content shared directly with them. Content may be encountered unexpectedly, such as through recommendations, links, or someone sharing it without warning, or people may intentionally seek it out. Some content may also be shared within groups or communities that encourage the humiliation, exploitation, or exposure of others.

How to report harmful or illegal content

If you come across harmful, distressing, or illegal content online, it’s important to report it.

Reporting helps protect you, your whānau, and others. It supports safer online spaces, and ensures the right agencies can act. You don’t need to be certain whether content is illegal, different New Zealand agencies can assess it and respond appropriately. You can report content even if it’s hosted overseas.

Find out who to report to and how to report harmful or illegal content in New Zealand.

How to Report Harmful or Illegal Online Content in New Zealand

People across Aotearoa have consistently told us they are concerned about the harms of extreme content. Young people, parents and caregivers, grandparents, aunties and uncles, educators, and community leaders are worried for themselves, for young people, and for their communities.

Addressing these harms is a shared effort, supported by clear laws, dedicated agencies, and community action. Together, we can reduce harm by not creating or sharing objectionable content, protecting wellbeing, and reporting harm when we see it.

Further reading

What’s next?

For parents and whānau: The Classification Office has a range of practical resources to help you support young people who may be encountering extreme content online — from conversation starters to insights shared directly by rangatahi.

For educators and those working with young people: Our resources focus on supporting young people safely and confidently, including guidance on keeping yourselves safe in those conversations and knowing what to do if concerns arise.

For young people: Learning about this content is an important step in staying safe and understanding where the legal line sits. If you need to report something, you can find out how here. If you’d like to talk to someone, our list of support helplines is available here.