Are AI generated nudes legal? A big part of what this non-profit does is related to AI, particularly issues concerning deepfakes and fake porn – though the legality of such content varies by location. There are still a lot of laws around this type of content in the US, much of it is based on what exactly is being pictured. Technically, AI nudes created this way could be legal so long as (1) they do not involve real people (and therefore fall outside the scope of actual child pornography laws under federal law); and (2) said pictures do in fact depict a minor. But the point at which AI is producing material based using the face of a real person enters into a gray area. For example, their right to publicity might be violated, meaning that celebrities and public figures can take you through court if they think that you are using their image for your commercial purposes without the permission.
In 2021, an infamous case of misinformation spread by deepfakes. Deeperfake laws were tightened in South Korea after deepfake technology was used to generate revenge porn without the consent of those involved. As you can see, the government of South Korea observed a 70% raise in AI deepfakes pornography offenses between 2019 and 2021 and punished those convicted with fines as well as jail time (The Korea Times).
Both speed and efficiency of development are the other complaints about AI. An AI system can produce life-like nudes within seconds, on a scale and speed difficult for human artists or photographers to do so. This growth also has sparked conversations about potential abuses of AI tech for deepfake, as in non-consensual imagery with respect to the usage of a public individual's face and voice. Professor Danielle Citron, an expert on privacy and technology, said in a statement that "the sudden onslaught of AI-generated porn imperils the wellbeing of ordinary people by threatening their financial security, intimate relationships, and bodily autonomy."
Legislation has been proposed in the UK, targeting AI-generated porn. In legal circles, the act to regulate online pornography the Digital Economy Act has been described as an important tool in curbing AI misuse to reproduce depictions of explicit sexual material without consent. On the other hand, some territories with vague digital laws might struggle to qualify and regulate AI-created explicit material legally.
It also raises the question of the legal environment for such content to be delivered on platforms. All social media companies and today adult content sites face the same issue — an explosion in AI nudes. Certain platforms have since introduced a blanket ban on deepfakes or allow them under particular circumstances. Legal guide posts for AI generated content are likely to start becoming clearer as more cases develop, though at the moment much of the law is reactive rather than proactive.
Visit ai generated nudes to learn more about the many nuances featured in this area.