P035 - Exploring AI's Role in Child Pornography: Trends and Legal Implications

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Abstract

The rise of Artificial Intelligence (AI) has brought numerous functionalities and benefits to
society, but it has also facilitated crimes such as deep fakes, identity theft, and the production
of child pornography. In Spain, the recent incidence of this last phenomenon poses legal
challenges and raises social concerns.
This research aims to examine the evolution of AI in creating and editing child sexual content
on the Internet, identify trends and strategies for detecting AI-manipulated content, and
conduct a legal analysis of the challenges posed by these behaviors.
The study focuses on two main aspects: exploring the use and detection of child pornography
generated or modified by AI, and analyzing the legal consequences of these actions. The first
section delves into the trajectory of AI tools in this context over the past 5 years, exploring
emerging trends and detection methods using AI itself. The second part addresses the
complexity of analyzing potential criminal sanctions for different scenarios, considering the
source of the material and the involvement of minors in its production. It examines the clash
of rights such as honor, image rights, or moral/psychological integrity; and how legislation
penalizes these behaviors.
In summary, this work seeks to shed light on the emerging phenomenon of AI-manipulated
child pornography, given the increasing concern sparked by recent cases in Spain.

Author

• Omar Abdedaim Herrera, PhD Criminal Law and Criminology at University of Alicante