The European Union Commission has announced its contemplation of criminalizing deepfakes and imagery generated by artificial intelligence (AI) that depict child sexual abuse (CSA) as part of its efforts to update legislation in light of technological growth.
The proposition entails the creation of a novel criminal offense about the live-streaming of child sexual abuse. Additionally, it aims to establish criminal penalties for the ownership and trade of “pedophile manuals.” The proposal also addresses the issue of opposing child abuse chatbots powered by artificial intelligence (AI).
Proposed modifications to mandatory offense reporting are part of an effort by the European Commission to modernize regulations that went into effect in 2011.
These measures constitute an integral component of a more comprehensive initiative that seeks to prevent child sexual abuse, raise awareness regarding the dangers of the Internet, facilitate the reporting of crimes by victims, and offer assistance, including the right to monetary reparation.
Before submitting the proposal, the Commission conducted an impact assessment that identified “recent technological developments” and an expanded online presence as elements that generate novel prospects for child sexual abuse.
To mitigate the potential hazards associated with online safety for minors, the proposal advocates for member states to allocate resources towards “awareness raising.”
There are apprehensions regarding the potential misuse of the technology to generate child sexual abuse material (CSAM), as well as concerns that this fabricated material may impede law enforcement authorities’ ability to identify legitimate victims. The exponential expansion of generative AI has furnished legislators with a conspicuous incentive to reassess the existing regulations.
However, the European Union (EU) co-legislators in the Parliament and Council will determine the ultimate structure of the proposals. As per the Commission, the present directive on combating CSA would enter into force twenty days after its publication in the Official Journal of the EU, contingent upon the achievement of an agreement regarding its amendment.
The European Commission’s proposal is subject to approval or amendment by the Council of Ministers and the European Parliament (EP) following standard legislative procedure. If disputes continue to exist, both parties may suggest amendments. Following the negotiations’ conclusion, both institutions can vote for or against the final version.
The Commission put forth supplementary legislation in May 2022, which centered on the requirement for digital services to utilize automated technologies to detect and report child sexual abuse and to identify grooming activities. The current proposal, as stated by the Commission, supplements the regulation proposal for 2022.
In contrast, awareness of the dangers posed by deepfakes and AI-generated images has increased substantially in less than two years since the proposal to scan private messages was passed into law.
