The fast growth of artificial intelligence has made advanced tools for creating images and videos widely available. 
While there are legitimate ways to use these technologies for creativity and commerce, there are also ways to use these technologies for great harm, including one of the greatest threats. This is the generation of non-consensual AI pornography. This practice is being made illegal by countries around the world, and for good reason.
I will explain the reasons for the illegality of non-consensual AI pornography in countries around the world, the laws that govern these reasons, and discussions of contemporary law regarding intersection of consent, privacy, and non-consensual AI pornography.
What is Non-Consensual AI Pornography?
Non-consensual AI Porn is the depiction of sexual or sexualized images or videos of a person that were created using artificial intelligence without the permission of that person. This includes:
- Using deepfake technology to replace the face of a nondominant person in a pornographic video
- Creating pornographic images using a person’s picture without their permission
- Producing sexually explicit content using artificial intelligence that makes a person recognizable
The content may not be real, but the damage done to a person or society is real.
Non-Consensual AI Porn: The Reason for its illegality in most Countries
● Consent Being a Core Principle
The central tenet for banning non-consensual AI pornography centers around the idea of consent. Consent, in this instance, is the understanding and voluntary agreement of a person to the use of their image or likeness.
Most legal systems around the world require
- Consent to use a person’s likeness or image.
- Consent has to be explicitly stated.
- Consent should be informed
- Consent should be specific to an intended purpose
AI content creation needs consent. If an individual does not give permission to be depicted in either real or synthetic sexual material, their rights have been broken.
● Privacy Violation
AI-generated pornography is illegal in many jurisdictions because of the violation of an individual’s right to privacy. Even if no real compromising picture exists, the creation of sexual materials with someone’s identifiable likeness is an invasion of their privacy.
Privacy Laws in:
- The European Union
- The United Kingdom
- Canada
- Australia
These areas defend their inhabitants from having their likenesses exploited without their consent, especially in pornography. They cite no difference between actual and AI created sexual material.
● Publicity and Personality Rights
In most jurisdictions, people have publicity rights. These rights grant you control over the commercial exploitation of your identity.
AI Pornography that lacks consent is a violation of the right to publicity because of the following reasons:
- The likeness of an individual is exploited without authorization.
- The material can be made public.
- The material can cause reputational and/or employment harm.
This holds true for private citizens and public figures. Being in the public eye does not mean losing the right to control sexualized depictions.
● Defamation and Reputational Harm
The presence of AI porn creates the opportunity for defamation. AI sex content that implies that someone may have participated in sexual acts can lead to:
- Damage to a person’s professional reputation
- Harm to personal relationships
- Harassment or discrimination against the person
The courts recognize the damaging potential of AI sex imagery as long as the narrative does not match reality and is therefore labeled a “fake” narrative. Courts understand that AI generated sexual imagery can create false narratives that are damaging in targeted defamation lawsuits.
● Sexual Exploitation and Abuse Laws
Government bodies have placed the majority of non-consensual AI porn within the same category as sexual exploitation or image abuse. Laws are originally designed to cover the non-consensual distribution of pornographic images, but in recent years, they have been expanded to include the use of AI technology.
Some of the recurring conclusions include:
- The presence of sexualized content without consent is exploitation
- There is a failure to escape responsibility through the use of digital manipulation
- The presence of emotional harm can be legally recognized
This means the creation or distribution of non-consensual AI porn can be punished by law.
● Psychological and Social Harm
The systems of law that address the balance between justice and the social contract recognize the potential of AI generated non-consensual porn to create psychological trauma. Victims of these pornographic images suffer from:
- Depression
- A sense of isolation and a lack of trust
- Fear of exposure to the public
- Damage to their reputation that is irreversible and long lasting
The majority of the world has sought to incorporate laws that cover the use of technology against the harm it has created, not just the content. The ability of AI to scale and disseminate content continues to increase risk.
● Child Protection Laws and Zero Tolerance
Most people agree on the illegality of AI-produced sexually explicit material involving minors; even if no real child is present, the sexual portrayal of minors through AI is illegal in the majority of nations worldwide.
The motives for enforcing these laws are clear:
- The content produced by AI has the potential to desensitize society to exploitation.
- The intent and depiction are of greater concern than the means by which the image is produced.
- In the absence of the technological solution to the problem, the prevention of the problem will take precedence.
The zero-tolerance approach strengthens the already existing legal framework concerning the dissemination of non-consensual pornographic material generated by artificial intelligence.
● The Law of the Land Regarding Deepfake Technology
Currently, there is a growing body of legislation that is specific to AI and deepfake technology in numerous countries. These laws refers to the following crimes:
- Non-consensual sexual deep fakes
- The distribution of AI sexually explicit content without consent
- In some jurisdictions, the possession or hosting of such sexually explicit content is illegal.
The laws are clarified that AI cannot be seen as a protective shield. This clarifies technology, intent, and consent as a legal standard.
● Liability and Law Enforcement Platforms
While users bear the primary responsibility, the owners or operators of platforms that facilitate or host non-consensual pornographic materials generated by artificial intelligence may also be liable. The law is beginning to require platforms to:
- Provide timely removal of non-consensual materials.
- Establish proper pre-emptive controls.
- Work with law enforcement
These types of regulatory practices speak to the seriousness of the issue.
Conclusion
The reason why AI porn content without consent is illegal in multiple countries is because of the violation of the fundamental opposing principles of such content; absence of consent, the right to privacy, dignity, and protection from sexual exploitation and abuse. Although the content is AI generated, there are no limits to the legal cause of action, nor does it diminish the potential harm. The most impermissible thing remains digital consent, and the crossing of this boundary yields unmeasurable legal consequences.
The boundaries imposed by lawmakers to protect digital human rights will continue to be outpaced by the growing capabilities of AI technology. Adhering to these laws demonstrates the responsible application of AI and technology as a whole in the digital era.