The European Commission has unveiled plans to potentially criminalize the creation and dissemination of artificial intelligence (AI)-generated imagery and deepfakes depicting child sexual abuse (CSA), marking a significant update to laws in response to technological advancements.
The proposal encompasses several key measures, including the introduction of a new criminal offense targeting the live-streaming of child sexual abuse and the criminalization of the possession and exchange of "pedophile manuals." Additionally, the proposal addresses concerns regarding AI chatbots utilized for child abuse purposes.
These initiatives aim to modernize rules established in 2011 by suggesting amendments to the mandatory reporting of offenses. They form part of a comprehensive package aimed at preventing child sexual abuse, enhancing online risk awareness, simplifying crime reporting for victims, and providing support, including the right to financial compensation.
An impact assessment conducted by the commission prior to the proposal emphasized the growing online presence and "latest technological developments" as contributing factors creating new avenues for child sexual abuse. To mitigate online safety risks for children, the proposal encourages member states to invest in awareness-raising initiatives.
There are apprehensions surrounding the misuse of technology to fabricate child sexual abuse material (CSAM), with concerns escalating that such artificial content could complicate the identification of genuine victims for law enforcement authorities, underscoring the necessity to reassess existing regulations.
However, the final shape of these proposals will be determined through deliberations between the European Parliament and the European Council. According to the commission, upon reaching an agreement to amend the current directive on combating CSA, the changes would become effective 20 days after publication in the Official Journal of the EU.
Under the ordinary legislative procedure, when the European Commission submits a proposal, the European Parliament and the Council of Ministers hold the authority to approve or amend it. In the event of disagreements, both institutions retain the right to propose amendments. Subsequent negotiations ensue, and upon reaching a consensus, both entities can vote for or against the final version.
In a separate move in May 2022, the commission proposed additional legislation focusing on the obligation of digital services to deploy automated technologies for detecting and reporting CSAM, as well as identifying grooming activities targeting children. According to the commission, the current proposal complements the regulatory framework introduced in 2022.
However, there has been a notable surge in awareness regarding the perils of deepfakes and AI-generated images within a relatively short span since the introduction of the private message scanning proposal less than two years ago.
