The strength of the laws to criminalise artificial intelligence (AI) generated non-consensual intimate images and child sex abuse images are being examined by the Attorney General.
The Department of Communications confirmed that some of its most senior staff were “engaging” with the Government’s legal adviser to examine if Ireland’s existing laws are “sufficiently robust” to protect people from digital harms like AI generated non-consensual images.
It comes after the Irish regulator of social media platforms, Rape Crisis Ireland and the Irish Council for Civil Liberties all raised concerns about sexualised images which were generated by Grok, the AI tool that is integrated into the X social media platform, formerly known as Twitter.
Like many other social networks, X has its European headquarters in Ireland.
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The Department of Communications told The Irish Times that under the EU Artificial Intelligence (AI) Act the harmful effects of AI systems, including those used by social media companies, are regulated. But it said that the provisions to “enable surveillance, penalties and enforcement” under the Act will not come into effect until August.
“The sharing of non-consensual intimate images is illegal, and the generation of child sexual abuse material is illegal. Senior Officials in the Department of Culture, Communications and Sport are engaging with the Office of the Attorney General regarding this, to assess if the current established legal framework is sufficiently robust to protect people from digital harms like these,” a spokesman for the department said.
Taoiseach Micheál Martin and Tánaiste Simon Harris both said that the sharing of non-consensual images and child sexual abuse material was illegal. Mr Harris said he would “encourage anybody who has experienced this illegal activity, this criminal activity, to report it to An Garda Síochána”.
“And I would expect An Garda Síochána to treat this in the same way they treat any other crime. This is absolutely illegal,” Mr Harris said.
Digital services commissioner with Coimisiún na Meán John Evans said that it did not matter if such material was generated by individuals or through AI, it was still illegal to share.
“What I would be saying to people, particularly if they’re concerned about an image online that they see of themselves that they want to get down, I would encourage them to contact hotline.ie,” he said, referring to the online reporting service for illegal online content.
“Next step, I would say, is ... An Garda Síochána, because this is illegal content. To help with the regulation of this area, which we have a very important role in, I would also encourage people to make contact with our contact centre.”
Mr Evans said Coimisiún na Meán shared responsibility for regulating social media platforms with the European Commission.
“We would have responsibility for those parts of the regulation that concern how the complaints functions are working and so on,” he said. “But the European Commission has a very central role here when it comes to risk identification and risk management of their services.”
If there was a failure to mitigate that risk then they could run foul of the Digital Services Act, which could involve “very large fines”, he warned.
The sharing of non-consensual images was also covered by Coco’s Law, which tackles sharing of intimate images without consent, sometimes referred to as “revenge porn”.
“If individuals are generating or sharing that material, then it could fall foul of the law. And that’s also why we’re talking to An Garda Síochána about this.”
Taoiseach Micheál Martin, on his official visit to China, described the misuse of Grok as “unacceptable” and “shocking”. It was a matter that the Irish Government would continue to raise with the European Commission and with Coimisiún na Meán, he said.
Rape Crisis Ireland has called for image-generating functions such as those of Grok to be properly regulated and in some cases for them to be banned outright.
