The widespread adoption of generative AI has provided lawmakers with a clear incentive to review regulations that facilitate crime reporting for child sexual abuse victims and provide appropriate support.

The European Commission has announced that it is considering criminalizing AI-generated imagery and deepfakes depicting child sexual abuse (CSA) in order to keep up with technological advancements.

The proposal includes establishing a new criminal offense for live-streaming child sexual abuse. It also intends to criminalize the possession and distribution of “pedophile manuals.” The proposal also mentions the use of artificial intelligence chatbots for child abuse.

The commission intends to update 2011 rules with the proposal, which includes changes to mandatory reporting of offenses. These measures are part of a larger package aimed at preventing child sexual abuse, raising online risk awareness, making crime reporting easier for victims, and providing assistance, including the right to financial compensation.

The commission’s impact assessment, conducted prior to the proposal, identified the increased online presence and “latest technological developments” as factors creating new opportunities for child sexual abuse. To address children’s online safety risks, the proposal encourages member states to invest in “awareness-raising.”

There are concerns that the technology is being used to create child sexual abuse material (CSAM), with the possibility that this artificial content will complicate law enforcement authorities’ identification of real victims and highlight the need to review existing regulations.

However, the European Parliament and the European Council will decide on the final form of the proposals. According to the commission, if an agreement is reached to amend the current directive on combating CSA, it will take effect 20 days after being published in the EU’s Official Journal.

When the European Commission makes a proposal, the European Parliament and the Council of Ministers have the option of approving or amending it under normal legislative procedures. If disagreements continue, both parties can propose amendments. Negotiations continue, and once completed, both institutions can vote for or against the final version.

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