Criminalising AI and non-AI generated IBSA: an evidence-based policy agenda

• In Event: Roundtable: Image-Based Sexual Abuse: New Trends and Future Research Agenda

Abstract

Ever more countries recognize that online sexual image abuse (IBSA) is a major negative byproduct of digitization that must be addressed. This has already led to several initiatives in the United States such as the White House’s initiative on IBSA as well as numerous criminalization efforts around the world. This study analyzes the different approaches to criminalizing forms of IBSA and categories the several approaches on technology specificity or neutrality, intent and scope of action. This research in particular focuses on the non-consensual sharing of intimate images, deepnude and cyberflashing. In particular, the categorisation takes into account to what extent the criminalisation of IBSA overlaps with the criminalisation of child sexual abuse material or whether sexting exemptions are provided. This analysis is then contrasted with the findings of survey that the research team conducted among 2,800 young people between the ages of 15 and 25. The core question of this paper is to what extent the approaches of criminalisation can be justified on the basis of research findings of the survey.

Authors

• Catherine Van de Heyning, University of Antwerp

• Michel Walrave, Media and ICT in Organisations and Society (MIOS), University of Antwerp

• Aurélie Gilen, Researcher Media and ICT in Organisations and Society (MIOS), University of Antwerp

• Nina Szyf, researcher Faculty of Law, University of Antwerp

• Mona Giacometti, Faculty of Law and Criminology, Université Libre de Bruxelles