Using AI to create and distribute fake nude images: a disturbing phenomenon
The rise of artificial intelligence (AI) has brought numerous benefits, ranging from improved health care to more efficient manufacturing processes. However, as with any technology, AI can also be used in destructive ways. One disturbing trend that has developed recently is the use of AI to create and distribute fake nude images, also known as "deepfake pornography" or "deepnudes."
Similarly, in South Korea, girls have recently been victimized on a large scale by the distribution of realistic but completely faked nude images in more than 500 schools and universities. In Belgium, too, there are already official complaints to the police about this phenomenon.
What are deepfakes?
Deepfakes are videos, images or audio recordings that have been manipulated by AI to create a fictional reality. This technology uses so-called "deep learning" algorithms, a branch of machine learning that imitates neural networks. By analyzing large amounts of footage of a person, the AI can generate highly realistic images in which it appears as if the person is doing or saying things that never occurred in reality.
In the context of fake nude images, technology is used to place the faces of innocent people on existing pornographic or nude images, making them appear to be in explicit situations. This is often (read: usually) without the consent of the person depicted, which often has very far-reaching consequences for those who are victimized.
How does it work?
Creating fake nude images using AI basically requires access to existing images of the victim, such as photos or videos publicly available through social media or other platforms. These images are then fed into a deep learning model that analyzes the person's face and seamlessly inserts them into existing nude photos or pornographic material. The result is a photo or video that can be grimly realistic.
Initially, creating such deepfakes was technically challenging and only accessible to people with advanced knowledge of AI. However, thanks to the development of user-friendly software and apps, the process is now accessible to a much wider audience, accelerating the spread of this malicious content.
The social consequences
Spreading false nude images has devastating consequences for victims. Victims often experience shame and humiliation, especially when the images are widely shared online. The permanent nature of the Internet makes it virtually impossible for victims to gain complete control over the dissemination of the images.
Besides the emotional and mental impact, it can also lead to reputational damage, loss of work and personal relationships. For many victims, the damage is not temporary. Even after the images are removed, the impact continues to be felt because this content can continually surface.
Legal implications and challenges
Although the social harm of false nudity is evident, the legal response lags behind technological developments.
Our Criminal Code distinguishes between partial and complete deepnudes. Partial deepnudes, being images that were only partially manipulated, may fall under the crime of voyeurism. This crime is punishable by imprisonment from 6 months to 5 years. Complete deepnudes, on the other hand, being images that were completely manipulated, can be categorized as the crime of dissemination of images of sexual abuse of minors if it involves the image of a minor person. This crime is punishable by imprisonment from 5 to 10 years and a fine from 500 euros to 10000 euros.
One of the biggest challenges in combating deepfake pornography is the speed and anonymity with which these images can be created and distributed. Websites and social media platforms often deal with a huge amount of content, making it difficult for them to detect and remove fake nude images effectively and in a timely manner.
Some countries, such as the United Kingdom and the United States, are already taking steps to introduce deepfake legislation specifically targeting the use of AI for malicious purposes. In the EU, too, increasing attention is being paid to the legal fight against deepfakes, but lawmakers are lagging behind technological developments.
Conclusion
The use of AI to create and distribute fake nude images is a growing phenomenon that has deep social and legal implications. The damage to victims is enormous and the legal response so far has been inadequate. While steps are being taken to address this destructive use of AI, it remains crucial that governments, tech companies and society work together to combat this form of digital harassment.
Are you a victim of this type of crime and need the assistance of a specialized sex lawyer? Or have you received an invitation for questioning regarding this issue? Please contact us via info@bannister.be or at 03/369.28.00
