Elon Musk’s X platform must be held accountable for complicity in facilitating and distributing illegal images via the Grok AI app, Minister of State for Artificial Intelligence Niamh Smyth has said.
Her comments follow continuing controversy around the platform’s ability to generate sexually explicit images.
“There is nothing innocent about using nudified pictures of women or children, and again I go back to the point [that] within Irish law X is complicit in sharing nudified and child-abuse images, if they have the possession or they’re facilitating the distribution of these images,” she said on Wednesday.
“AI-generated images fall within the law as well.”
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Ms Smyth was speaking on Newstalk’s Pat Kenny show, as the fallout from the emergence of the issue, and how it has been addressed, deepens.
Last week Grok began to impose user restrictions and display content warnings when commanded to undress or “nudify” images. It said the ability to generate sexualised images would only be granted to paid subscribers.
Ms Smyth said she believed existing laws could be used to address the issue, such as the Online Safety Framework, the Child Trafficking and Pornography Act, and Coco’s Law.
She plans to meet the Taoiseach, the Attorney General and other senior Cabinet Ministers to clarify the legal situation and determine the appropriate response.
However, the Minister outlined the challenges in enforcing the law – such as the potential for tech companies to argue that functions had benign uses – and spoke of the need to implement the “full rigours” of the European legislation to support Ireland’s efforts.
“We have very strict rules within Europe under the Digital Services Act, which isn’t that long in place,” she said.
“We know that 6,700 images have been created per hour on this app. And it is a time where we have to actually say ‘stop’ to X. And we do, as I said, need certainly the iron fist, if you like, of the European Union to support not just Ireland, [but] lots of European countries in doing this, because we have the laws in place.”
Those who break the law need to be held criminally liable and face fines, she said.
“I will do everything within my power to ensure that these acts are not just the norm on any platform, be it X or any other one.”
Minister for Education Hildegarde Naughton said the use of the Grok AI app to generate sexually explicit images, sometimes of children, is “very concerning”.
Speaking on Wednesday, Ms Naughton said Taoiseach Micheál Martin plans to hold a meeting with the Attorney General, Rossa Fanning, and relevant Ministers about the “very serious” issue.
“We need to make sure that we tackle it, keep our young people safe. We know women are particularly being targeted here in relation to this.
“We need to make sure that we get the legalities around this right.
“And it is X today, for example; it could be another platform tomorrow.”
Minister for Children Norma Foley said Mr Fanning and Ms Smyth are working together to ensure there are no “gaps” from a legislative point of view.
“We need to double down on that and to be 100 per cent sure. So, further investigation is being done by the Attorney General,” Ms Foley said.
Following widespread concern about Grok, Ms Naughton said she has asked officials in her department “to carry out a further review in relation to the guidance on social media for schools”.
She encouraged people to report any inappropriate or non-consensual images to X, An Garda Síochána and Coimisiún na Meán.
“We need to make sure that we’re protecting people. That’s the number one position in relation to dealing with this, making sure we’re keeping all of our citizens safe.”
Ms Naughton would not be drawn on whether or not Ministers should stop using X while it platforms such content, but said: “I rarely use X. I think you’ve just seen the quality of X has really deteriorated. It’s not a positive space to be in.”
Meanwhile, an expert in the field has said “nudified” images of children created by the AI app are probably not prosecutable as child sex abuse imagery.
Mick Moran, a former garda involved in investigating child-abuse material, said images produced by Grok may not meet the definition under the Child Trafficking and Pornography Act, 1998.
Elon Musk recently accused the UK government of wanting to suppress free speech after ministers there threatened fines and a possible ban of X due to the Grok controversy.
XAI has been contacted for comment.
