The European Commission has made an announcement stating its intention to potentially make the creation of artificial intelligence (AI)-generated imagery and deepfakes depicting child sexual abuse (CSA) a criminal offense. This proposal aims to update existing laws in response to advancements in technology.
The proposal includes the introduction of a new criminal offense specifically for live-streaming instances of child sexual abuse. It also seeks to criminalize the possession and exchange of materials known as “pedophile manuals.” Additionally, the proposal addresses the issue of AI chatbots being used for child abuse.
The commission’s objective is to update the rules established in 2011 by suggesting changes to the mandatory reporting of offenses. These measures are part of a comprehensive package aimed at preventing child sexual abuse, raising awareness of online risks, facilitating crime reporting for victims, and providing support, including the right to financial compensation.
An impact assessment carried out by the commission prior to the proposal emphasized the increased online presence and “latest technological developments” as factors that have created new opportunities for child sexual abuse. In order to address the safety risks posed to children online, the proposal encourages member states to invest in initiatives that raise awareness.
There are concerns that the technology used to create artificial content of child sexual abuse is being misused, and there are fears that this could complicate the identification of real victims for law enforcement authorities. This highlights the need to review existing regulations.
However, the final version of the proposals will be determined by the European Parliament and the European Council. Once an agreement has been reached regarding the amendment of the current directive on combating CSA, the proposal will come into effect 20 days after its publication in the Official Journal of the EU, according to the commission.
According to the ordinary legislative procedure, when the European Commission submits a proposal, the European Parliament and the Council of Ministers have the power to approve or amend it. If disagreements persist, both institutions can propose amendments. Negotiations follow, and upon conclusion, both institutions can vote in favor of or against the final version.
In May 2022, the commission put forward additional legislation that focuses on the obligation of digital services to utilize automated technologies for the detection and reporting of CSAM, as well as the identification of grooming activities targeting children. The commission states that the current proposal complements the regulation proposal made in 2022.
However, there has been a significant increase in awareness of the dangers posed by deepfakes and AI-generated images in less than two years since the introduction of the private message scanning proposal.
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