AI Generated Indecent Images: New Laws Proposed

The ability to obtain indecent images of children is forever increasing, new technological advancements such as AI technology is providing a new approach to the possession, making and distribution of such material. Data provided by the Internet Watch Foundation shows a 380% rise in AI generated sexual abuse material between 2023 and 2024, with 10% of this being category A images. As of yet, there is no specific laws in place to tackle AI created images, the government intend to address this, and enact particular laws aimed at the software used to generate AI indecent images of children.

What are AI Generated Indecent Images?

AI generated indecent images of children involve images that are either partly or completely computer generated. The software used to generate the images can "nudify" real images, meaning the clothing on a person can be removed, and the faces of one child can be replaced with another, creating a realistic naked image of a child.

AI generated indecent moving images or videos can also use the real-life voices of children, either taken from real life sexual abuse videos or newly recorded to make the images or videos even more realistic to the person watching.

The Current Law on Indecent Images of Children

The laws in place at present prohibit the possession, making, and distribution of indecent images of children come under section 1 of the Protection of Children Act 1978, and the Criminal Justice Act 1988. A child is regarded as any person under the age of 18 years old, where the age of a child is in dispute then it is a finding of fact to be left to a jury.

There are three categories of indecent images of children; A, B and C. Category A is the most severe and concerns image that show penetrative sexual activity with a child.

Sentencing ranges depending on the nature of the offence, the category of the images and other aggravating features that apply to the specifics of the case. You can read more about the sentencing for indecent image offences here.

Law enforcement are currently relying on the laws in place to prosecute suspects who are involved in AI sexual abuse images of children, but further laws are being suggested to make it illegal to possess, create or distribute AI tools which are designed to create child sexual abuse material, possession of AI paedophile manuals, and more power given to border force where individuals are coming into the UK who are suspected to pose a sexual risk to children.

Proposed New Laws

The Home Office has suggested that it will be the first country in the world to make it illegal to specifically possess, create or distribute AI tools designed to create indecent images of children, with the punishment being up to five years in prison. These laws will also extend to the possession of AI paedophile manuals which aim to teach people how to use AI to enable the sexual abuse of children.

Other laws aimed to be put in place include making it an offence to run websites where paedophiles can share child sexual abuse content or provide advice on how to groom children. This offence would be punishable with up to 10 years in prison.

It has also been suggested that border force will be given powers to instruct individuals who arrive in the country, who they suspect of posing a sexual risk to children to unlock their digital devices for inspection.

What Does This Mean For Those Accused Of Indecent Image Offences?

The new laws do not seek to amend the existing laws which prohibit the possession, making and or distribution of indecent image of children. What the government seem to be suggesting is that AI software must be completely illegal when the purpose of it is to create or encourage the sexual abuse of children. Therefore it is where the software is detected on a device, the accused falls open to being charged with further offences.

How Will This be Policed

The announcement of the proposed introduction of the new laws is relatively new, and I am sure that further work on how this would be policed and prosecuted will be carried out. With any new law there needs to be careful consideration as to how this would implemented in practice, taking into consideration the already back logged forensic system within the police, there will be a need for a huge investment to be made in this specific area as people accused of image offences can already be waiting 1-2 years for examinations to be complete before their case is no further actioned or sent to the Crown Prosecution Service (CPS) for charging decisions.

Another key consideration is whether law enforcement have the ability and man power to move as quickly as those creating AI tools.

Accused of an Indecent Image Offence - What Should I do?

The first step is to seek legal advice preferably from lawyer who specialises in defending child sexual abuse cases. Indecent image cases can be complex and require detailed forensic analysis to check the reliability and accuracy of the evidence. Our team apply a very thorough approach to indecent image investigations, and prosecution evidence and will aim to scrutinise every aspect of the case against you from the seizure of your devices, the handling of those and the data extracted.

If you, a family member or friend has been accused of the involvement of an indecent image offence you can request a free initial discussion with our team who will provide you with honest and compassionate legal advice.

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