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The UK will this week make it a criminal offence to create non-consensual intimate images, after regulators threatened X’s AI chatbot Grok with a ban or multimillion-pound fine over sexualised deepfakes on Elon Musk’s platform.

Technology secretary Liz Kendall told the House of Commons that the government would ban the creation and supply of tools designed to make “vile” non-consensual sexual material.

“I will make it a priority offence in the Online Safety Act,” Kendall said on Monday. “Individuals are committing a criminal offence if they create or seek to create such content, including on X. And anyone who does this should expect to face the full extent of the law.”

Kendall also said the government would use the crime and policing bill, which is going through parliament, to criminalise nudification apps.

The pledge came after Ofcom, Britain’s media regulator, opened a formal investigation into Grok and raised concerns that the AI chatbot was being used for potential “intimate image abuse” and “child sex abuse material”.

Ofcom said in a statement: “Reports of Grok being used to create and share illegal non-consensual intimate images and child sexual abuse material on X have been deeply concerning.

“Platforms must protect people in the UK from content that’s illegal in the UK, and we won’t hesitate to investigate where we suspect companies are failing in their duties, especially where there’s a risk of harm to children.”

X did not immediately respond to a request for comment. It previously said that it took “action against illegal content”, adding: “Anyone using or prompting Grok to make illegal content will suffer the same consequences as if they upload illegal content.”

Ofcom last week launched a fast-track review into X after Grok was used to generate thousands of sexualised images of women wearing lingerie and bikinis without their consent, as well as extreme images of teenage girls and children.

The watchdog said that, under the OSA, which is being enforced in phases, it can apply to the courts to block Musk’s platform or fine the group, either the higher of £18mn or up to a tenth of its global revenues, if it finds that X has not done enough to prevent illegal content from being seen or allowing over-18 material to be seen by children. 

The investigation will look at six areas, including whether X has carried out necessary risk assessments, whether it has taken action to take down images swiftly and whether children could have seen the content.

Ministers have previously said that the government would support the decision of Ofcom, which is independent of the government but accountable to parliament.

Asked in the Commons if she thought the regulator had the resources it needed to take on “tech titans” such as X, Kendall said: “This is a real test case and people want to see action. Ofcom needs to get people’s trust.”

The move to launch a formal investigation is the next step in Ofcom’s regulatory process to gather evidence to make a case against X. But it will disappoint some politicians who had wanted more drastic action or the use of emergency powers.

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Malaysia and Indonesia became the first countries in the world to block access to Grok at the weekend over concerns that the chatbot could be used to produce pornographic and non-consensual images involving women and children. 

Kendall’s promise of a new law and Ofcom’s investigation are likely to spark an angry response from Musk, X’s owner, who has already accused the UK government of trying to suppress free speech, as well as from Donald Trump’s administration. 

Sarah Rogers, US under-secretary for public diplomacy, accused the UK of “contemplating a Russia-style X ban” this weekend.

Last week, X partially restricted use of Grok to paying subscribers, but the move left many outraged that such extreme image manipulation was still available to its some customers.

UK ministers are also under pressure to remove official communications from the platform. But Kendall defended the government’s presence, saying that it helped ministers connect with voters.