Huffer threatens model with legal action it has no right to take, says Free Speech Union

MEDIA RELEASE

11 June 2026

FOR IMMEDIATE RELEASE

The Free Speech Union has written to fashion brand Huffer after the company blocked Auckland model Elijah Timmins-Scanlon on social media and threatened to bring legal proceedings against him under the Harmful Digital Communications Act 2015, says Jillaine Heather, Chief Executive of the Free Speech Union.

Timmins-Scanlon went public earlier this month with his view that a model in a recent Huffer campaign looked like an AI ‘mash-up’ of him and his brother, who have both modelled for the brand. After he commented on one of Huffer’s posts that the “ai model actually goes hard”, Huffer blocked him.

On 6 June, the company wrote to him demanding he “immediately remove, or amend” posts it claimed may breach the Act, and asserted a right to lay complaints with Netsafe and the Police.

Section 11 of the Act limits who may bring proceedings to the individual who alleges harm, a parent or guardian on their behalf, the professional leader of a registered school, the Police, or the chief coroner. The Act defines harm as serious emotional distress suffered by a natural person.

“Huffer is free to deny Elijah’s claims, and it has. What it is not free to do is threaten a model with legal proceedings it has no standing to bring. If anyone at Huffer believes they have personally been harmed, they can complain as individuals. The company cannot,” says Heather.

“The Harmful Digital Communications Act exists to protect individuals from serious online harm. It is not a tool for a company to shut down a model or customer asking awkward questions about its marketing. Huffer’s letter even claims that ‘identifying individuals in any way’ breaches the Act. That is simply wrong.”

“We’ve asked Huffer to explain what right it thinks it has to use the Act, and which posts it says cross the line. We await the response.”

“We take no position on whether Elijah is right about the image. Either the image was AI generated or it wasn’t. Threatening the person asking the question doesn’t change the answer.”

ENDS

Notes to editor:

A copy of the Free Speech Union’s letter to Huffer, dated 11 June 2026, is available on our website: https://www.fsu.nz/blog/huffer-blocks-and-threatens-hdca-proceedings-against-model.

Huffer’s letter to Mr Timmins-Scanlon, dated 6 June 2026, demanded he “immediately remove, or amend, any posts or comments that may breach…the Harmful Digital Communications Act.”

Mr Timmins-Scanlon’s claims about the use of AI-generated models have been covered by the NZ Herald, 1News, RNZ, The Post, and The Spinoff. Huffer managing director Kate Berry has denied the image used his likeness.

MEDIA CONTACT

Jillaine Heather

CEO, Free Speech Union

media@fsu.nz