New technologies often pose new problems \u2014 not least for the law. Legislators and law enforcement agencies can find themselves playing catch-up when new technologies emerge, and aiming at a moving target when seeking to regulate them.<\/p>\n
However, just because new technologies often necessitate new legal frameworks doesn\u2019t mean that that is always the case.\u00a0<\/p>\n
Occasions also arise where existing laws adequately address harms or abuses that may be perpetrated with the latest tech.<\/p>\n
A case in point is the use of technology to create or distribute child sex abuse material (CSAM) \u2014 what our existing laws refer to as \u2018child pornography\u2019 (the latter term is generally considered to be outdated, since it implies a connotation of consent).<\/p>\n
CSAM is unfortunately not a new problem; what has changed is the ease with which it can be created and distributed at scale, and the types of material that can be created.<\/p>\n
AI tools have added a new dimension of automation that makes the production of CSAM quick and easy. Unlike in the past \u2014 when access to children was required and cameras or video cameras were the tools of the trade \u2014 no real children might be involved in the production of AI-generated CSAM.<\/p>\n
At the same time, a huge problem is the ease with which AI tools can manipulate images in ways that affect real children.\u00a0<\/p>\n
Digital technologies have facilitated the creation of highly-realistic \u2018deepfakes\u2019 in which a real child\u2019s face can be merged with fake sexual imagery \u2014 not only in pictures, but potentially in video format also.<\/p>\n
It is into this hellscape that Grok (the AI assistant tool on social media platform X \u2014 formerly known as Twitter) has ventured.\u00a0<\/p>\n
![\"The](\"https:\/\/www.newsbeep.com\/ie\/wp-content\/uploads\/2026\/01\/4925201_12_articleinline_TECHNOLOGY_20Grok_20_2017315671.jpg\" "\\"The")
The Grok AI tool on Twitter\/X instantly complies with user requests to re-edit pictures of people \u2014 particularly women, but also children\u00a0\u2014 to ‘digitally undress’ them or otherwise present them in a sexualised manner. Picture: Yui Mok\/PA<\/p>\n
Ever since Elon Musk acquired and rebranded Twitter, the platform has been plumbing new depths almost by the week.<\/p>\n
The latest grim landmark has been an update to Grok that allows users to instantaneously generate images (either entirely fake, or by manipulating real images) that represent children in a sexualised manner.<\/p>\n
The response among the public has been one of horror and outrage. The political response, however, has been more mixed.\u00a0<\/p>\n
The minister for state for AI, Niamh Smyth, said she believes Irish law has been broken by online platforms<\/a>.\u00a0<\/p>\n However, communications minister Patrick O\u2019Donovan expressed the view that this is a matter of individual rather than corporate responsibility<\/a>, and that the technological advances \u201care far faster than the law is able to respond\u201d.<\/p>\n In that context, it is worth examining exactly what the relevant law is.\u00a0<\/p>\n The Child Trafficking and Pornography Act 1998 (as amended in 2017) defines child pornography as \u201cany visual representation that shows \u2026 a person depicted as being a child and who is engaged in real or simulated sexually explicit activity\u201d.\u00a0<\/p>\n Also covered are visual representations that show \u201cfor a sexual purpose, the genital or anal region of a child or of a person depicted as being a child\u201d.<\/p>\n This definition is sufficiently broad to capture real images, manipulated deepfakes, or entirely fake images \u2014 the phrasing of \u201ca person depicted as a child\u201d is key, as is the reference to \u201creal or simulated\u201d sexual activity.<\/p>\n A person who creates such an image would clearly be guilty of an offence of producing child pornography under section 5 of the Act, while a person who shares such an image would be guilty of distributing.<\/p>\n Crucially, section 5(1)(f) also provides that anyone who \u201cknowingly causes or facilitates\u201d the production or distribution of child pornography is also guilty of an offence under the section.<\/p>\n Section 9 of the Act specifically provides that offences under the Act can be committed by bodies corporate.<\/p>\n Accordingly, any company whose technology is being used to create AI-generated CSAM is open to prosecution for knowingly facilitating the production and distribution of material that falls within the definition of child pornography under the Act.<\/p>\n If successfully prosecuted, the company would be liable to significant fines.<\/p>\n Moreover, under section 9, any director, manager, or officer of the company would be liable to a maximum of 14 years in prison if it were proven that the offence was committed with their consent or connivance, or was attributable to their negligence.<\/p>\n There will be plenty of times in the coming years when the law needs to adjust to the reality of generative AI tools.<\/p>\n However, this is not one of them. Existing laws in Ireland are sufficiently clear and flexible in their wording to prohibit companies from making AI tools available that can be used for mass-scale creation of CSAM.<\/p>\n The real test is whether there is willingness to enforce those laws against large tech companies which are based in Ireland.\u00a0<\/p>\n These companies are crucial contributors to the Irish economy; but if CSAM isn\u2019t a red line that can never be crossed, then one wonders what else ever could be.<\/p>\n Conor O\u2019Mahony is the Dean of the School of Law at University College Cork<\/p>\n \u2022 If you are affected by any of the issues raised in this article, please click here<\/a> for a list of support services.<\/p>\n![\"Minister](\"https:\/\/www.newsbeep.com\/ie\/wp-content\/uploads\/2026\/01\/4925204_12_articleinline_AISummitWilliamFry_20001.jpg\" "\\"Minister")
Minister of State for artificial intelligence and digital transformation Niamh Smyth said on Thursday that X is breaking Irish law. File picture: Peter Houlihan<\/p>\n![\"Professor](\"https:\/\/www.newsbeep.com\/ie\/wp-content\/uploads\/2026\/01\/4925249_5_articleinline_Screenshot_20170605-190914_20-_20Copy_20_1_.jpg\" "\\"Professor")
Professor Conor O\u2019Mahony is the Dean of the School of Law at UCC.<\/p>\n