Under UK law, making, distributing and possessing indecent images of under-18s is illegal. The legal landscape has become increasingly complex over recent years due to the advent of AI indecent images. The latest cutting-edge artificial intelligence technology can now produce computer-generated images that are impossible to distinguish from the real thing.
Police now admit that they are unable to spot the differences between real and AI indecent images. An increasing number of people are now being prosecuted for possessing, distributing or making category A, B or C images that are actually generated entirely from machine learning.
The Growing AI Indecent Images Problem
At the end of 2022, only around six people were producing AI indecent images. However, in the 18 months since, the numbers have spiralled. Now, thousands of people are believed to be producing child sexual abuse imagery using artificial intelligence, with over 20,000 AI images posted to a forum on the dark web in just a single month.
The rapid advancement of technology lies behind this development. Modern AI technology enables users to choose a picture of a child from social media, their phone camera roll, or a website and turn it into an indecent image. By entering a few instructions, today’s AI can effortlessly and rapidly convert innocent photographs into sexualised or nude images.
In fact, state-of-the-art artificial intelligence can even create entirely new images tailored to the user’s instructions without any source imagery or material. That leaves the user free to use their imagination and generate images across a broad spectrum of age and sexual activity categories. This can involve extreme activity using humiliation, degradation and violence.
As this technology is so quick to use, it can generate indecent images on a massive scale. It is opening up the potential for creators to make a business out of charging users to produce bespoke content designed to their specific instructions.
The Stance Of The Law On AI Indecent Images
The law deals with any indecent image, whether it is real or AI-generated, in exactly the same way. If it is impossible for the police to determine whether the image is real or AI, it is treated as if it were genuine. If the police are able to determine that the image is created by artificial intelligence, it is treated instead as a pseudo-image.
Nevertheless, whichever way the police treat the image, when it comes to the courts, both pseudo and real images will be treated in the same manner. Individuals can be prosecuted for making, distributing, or possessing any type of indecent image, whether fake or real.
Are You Under Investigation For Making, Possessing, Or Distributing AI Indecent Images?
If you’re under investigation for any of the above or any other sexual offence, our specialist legal team are here to help. Call us today on 0800 233 5822 for confidential legal advice.