UK to Criminalise AI-Generated Sexual Abuse Images Soon
Introduction
The rapid advancement of technology, including generative AI, offers immense benefits but also raises concerns about misuse. The Internet Watch Foundation reported that, as of July 2024, over 3,500 new AI-generated child sexual abuse images appeared on the dark web. The UK’s National Crime Agency records 800 monthly arrests for online child threats and estimates 840,000 adults as potential offenders. In response, the UK is introducing legislation to criminalise AI-generated child exploitation imagery, which will be a part of the Crime and Policing Bill when it comes to parliament in the next few weeks, aligning with global AI regulations like the EU AI Act and the US AI Initiative Act. This policy shift strengthens efforts to combat online child exploitation and sets a global precedent for responsible AI governance.
Current Legal Landscape and the Policy Gap
The UK’s Online Safety Act 2023 aims to combat CSAM and deepfake pornography by holding social media and search platforms accountable for user safety. It mandates these platforms to prevent children from accessing harmful content, remove illegal material, and offer clear reporting mechanisms. For adults, major platforms must be transparent about harmful content policies and provide users control over what they see.
However, the Act has notable limitations, including concerns over content moderation overreach, potential censorship of legitimate debates, and challenges in defining "harmful" content. It may disproportionately impact smaller platforms and raise concerns about protecting journalistic content and politically significant discussions. While intended to enhance online safety, these challenges highlight the complexities of balancing regulation with digital rights and free expression.
The Proposed Criminalisation of AI-Generated Sexual Abuse Content
The proposed law by the UK criminalises the creation, distribution, and possession of AI-generated CSAM and deepfake pornography. It mandates enforcement agencies and digital platforms to identify and remove such content, with penalties for non-compliance. Perpetrators may face up to two years in prison for taking intimate images without consent or installing equipment to facilitate such offences. Currently, sharing or threatening to share intimate images, including deepfakes, is an offence under the Sexual Offences Act 2003, amended by the Online Safety Act 2023. The government plans to repeal certain voyeurism offences, replacing them with broader provisions covering unauthorised intimate recordings. This aligns with its September 2024 decision to classify sharing intimate images as a priority offence under the Online Safety Act, reinforcing its commitment to balancing free expression with harm prevention.
Implications for AI Regulation and Platform Responsibility
The UK's move aligns with its AI Safety Summit commitments, placing responsibility on platforms to remove AI-generated sexual abuse content or face Ofcom enforcement. The Crime and Policing Bill is expected to tighten AI regulations, requiring developers to integrate safeguards against misuse, and the licensing frameworks may enforce ethical AI standards, restricting access to synthetic media tools. Given AI-generated abuse's cross-border nature, enforcement will necessitate global cooperation with platforms, law enforcement, and regulators. Bilateral and multilateral agreements could help harmonise legal frameworks, enabling swift content takedown, evidence sharing, and extradition of offenders, strengthening international efforts against AI-enabled exploitation.
Conclusion and Policy Recommendations
The Crime and Policing Bill marks a crucial step in criminalising AI-generated CSAM and deepfake pornography, strengthening online safety and platform accountability. However, balancing digital rights and enforcement remains a challenge. For effective implementation, industry cooperation is essential, with platforms integrating detection tools and transparent reporting systems. AI ethics frameworks should prevent misuse while allowing innovation, and victim support mechanisms must be prioritised. Given AI-driven abuse's global nature, international regulatory alignment is key for harmonised laws, evidence sharing, and cross-border enforcement. This legislation sets a global precedent, emphasising proactive regulation to ensure digital safety, ethical AI development, and the protection of human dignity.
References
- https://www.iwf.org.uk/about-us/why-we-exist/our-research/how-ai-is-being-abused-to-create-child-sexual-abuse-imagery/
- https://www.reuters.com/technology/artificial-intelligence/uk-makes-use-ai-tools-create-child-abuse-material-crime-2025-02-01/
- https://www.financialexpress.com/life/technology-uk-set-to-ban-ai-tools-for-creating-child-sexual-abuse-images-with-new-laws-3735296/
- https://www.gov.uk/government/publications/national-crime-agency-annual-report-and-accounts-2023-to-2024/national-crime-agency-annual-report-and-accounts-2023-to-2024-accessible#part-1--performance-report