The flood of images of partially clothed women snatched by the grok AI tool on Elon Musk’s Ax has raised further questions over regulation of the technology. Is it legal to produce these images without the subject’s consent? Should they be removed from X?
In Britain alone the answers to these questions are in some doubt. Social media regulation is an emerging field, let alone trying to control the deployment of artificial intelligence. Laws exist to deal with the problem, such as Online Security ActBut the government has not yet taken additional measures such as banning apps that promote nudity.
Is it illegal to post photos of partially clothed people without their permission?
It is a criminal offense in England and Wales under the Sexual Offenses Act to share intimate photographs of someone without their consent, including images generated by AI. what the law explains creates an intimate imageWhich includes engaging in a “sexual act”, “doing something that a reasonable person would consider sexual”, and showing a person’s exposed genitals, buttocks or breasts.
This also includes wearing underwear or wet or transparent clothes that expose parts of the body. However, according to Claire McGlynn, a law professor at Durham University and an expert on pornography regulation, “the mere prompt ‘bikini’ will not be strictly covered by the law”.
Posting messages containing false information with the intent to cause “non-trivial psychological or physical harm” to the recipient is an offense under the Online Security Act.
The change in law has had an impact. Brandon Tyler was from Braintree, Essex in jail Last year he was sentenced to five years in prison for posting deepfake pornography of women he knew on an online forum.
What about tech companies?
Under the Online Safety Act, which covers the whole of the UK, social media platforms are required to crack down on intimate image misuse. They must assess the risk of this content being displayed, put systems in place that reduce the likelihood of that content being displayed to users, and remove it immediately when they become aware of it.
If Ofcom, the UK communications watchdog, finds that X has failed to meet these requirements, it could fine the platform up to 10% of its global revenue. Ofcom has made “immediate contact” with X and its parent, XAI, to find out what steps have been taken to comply with the Act. As a last resort, Ofcom can seek a court order to ban websites or apps in the UK.
Grok, which like X is owned by Musk’s XAI, may also face condemnation. Ofcom should investigate whether it has implemented adequate age-checking procedures to ensure that under-18s do not access tools to create extreme content, following reports that it has been used to create adult pornography.
Are nudifying apps and websites illegal in the UK?
Currently, it is illegal to share non-consensual intimate photos – a crime colloquially known as posting “revenge porn”.
The government has enacted legislation to ban or request the creation of such images under Data (Use and Access) Act For England and Wales. However, this law is not yet in place, making it impossible to take enforcement action against anyone creating or requesting the creation of such images.
A government spokesperson said: “We refuse to tolerate this abusive and harmful behaviour, which is why we have also introduced legislation to ban their construction without consent.” It is not clear why the government has not been able to implement the law even after six months of its passing.
A further complication is the question whether UK authorities will have jurisdiction. An offense must have a “substantial connection with this jurisdiction”; There may be practical difficulties in prosecuting if the offender is based abroad.
What if Grok was used to create child sexual abuse imagery?
The Internet Watch Foundation, a child safety watchdog, has reported users of a darkweb forum claiming to be using Grok to create indecent images of children. IWF analysts say the images they have seen constitute child sexual abuse material under UK law.
It is an offense to take, create, distribute, possess or publish an indecent photograph or pseudonym – such as an AI image – of someone under the age of 18. According to Ofcom guidance For social media platforms, “content depicting a child in an erotic pose without sexual activity should be considered obscene” and an image is obscene “where the inference is that the child … is associated with something sexually suggestive”.
What can I do if my image on X is tampered with?
Images of individuals are protected by UK GDPR regulations. People have the right to request that doctored images be erased by X if they have been shared on the platform. A photograph of a person counts as personal data; When a platform is processing this data, it must do so in compliance with the law, and non-consensual manipulation of the image would be a violation of GDPR regulations.
If X fails to remove the images, individuals have the right to raise a complaint to the Information Commissioner’s Office, as this may be a breach of UK data protection law.
A deepfake that portrays you in a false manner that damages your reputation could prove grounds for a defamation claim – but it would be costly. Alternatively, you can contact Revenge Porn HelplineA government funded organization that helps rapidly remove non-consensual intimate images from the Internet.
