A recent report by the Fondation pour l’Enfance highlights the alarming rise of AI-generated child pornography, urging legal reforms to address this issue. The foundation suggests updating French laws to penalize the creation and distribution of such content, emphasizing the need for new legislation to specifically target those who generate AI models for child exploitation. With international authorities also adapting regulations, the report stresses the seriousness of the offenses and calls for enhanced prevention and detection measures.
The rise of AI-generated child pornography has become a concerning issue, as highlighted by the recent report from the Internet Watch Foundation in October 2023. Their findings indicate an alarming increase in such content, a sentiment echoed by the Fondation pour l’Enfance.
The foundation not only acknowledges this growing problem but also outlines fourteen actionable recommendations aimed at detecting and punishing AI-generated pedocriminal content, along with preventing the online sexual exploitation of children. A crucial aspect of their strategy involves legislative reform.
Targeting Creators of AI-Generated Sexual Content
One of the foundation’s key proposals is to revise Article 227-23 of the French Penal Code, which currently addresses the depiction of minors in pornographic contexts. While this law provides for stringent penalties, the foundation argues that it is not sufficiently equipped to tackle the complexities introduced by AI technologies.
To enhance the legal framework, they suggest imposing penalties for anyone involved in the creation, dissemination, or public sharing of sexual content generated through algorithmic processes that involve minors. It would be up to lawmakers to establish appropriate penalties for this revised offense, potentially referencing another related article focused on deepfake regulations introduced through the SREN law aimed at securing the digital space.
Penalizing the Development of Child Pornography AI Models
Additionally, the Fondation pour l’Enfance advocates for a new penal code article aimed specifically at criminalizing the creation and distribution of generative AI models intended for producing child pornography. The responsibility for determining the penalties for such offenses would rest with the legislators.
This proposed offense would cover actions related to collecting, storing, or processing personal data to develop or make available algorithms that produce sexual content featuring minors, as well as any associated child pornography files.
According to the Office mineurs (OFMIN), which operates under the Ministry of the Interior, there exists a significant legal gap when it comes to prosecuting individuals who generate such content. Currently, they can only be charged with possessing child pornographic images. This has led to a push for establishing a distinct offense related to AI-generated content.
OFMIN emphasizes the severity of the damage caused, arguing that it extends beyond mere possession of illicit material. These individuals, they assert, are exploiting AI technologies and their capabilities to create harmful content.
Global Legislative Responses
Internationally, authorities are also working to adapt their legal frameworks in response to this emerging issue. Immediate measures have already been taken, as evidenced by a recent case in the UK reported by the Financial Times, where a 27-year-old man was sentenced to 18 years in prison.
This individual utilized software for creating human models to fabricate harmful scenes involving children, using real images of minors. The severe consequences of his actions were compounded by his participation in the online distribution of these materials, as well as his encouragement of child exploitation among third parties. In response, the UK has enacted laws targeting deepfakes and the sexual abuse of minors.