The government sneaks into its minor protection law a new crime for falsifications with AI

The Government has given green light for the second time to the law of protection of minors in digital environments. These days will be sent to Congress for parliamentary processing. However, beyond the new measures to protect the minors of the Internet and social networks, the Executive of Pedro Sánchez has cast a rEforma of the Criminal Code to typify new crimes relations with assemblies created with artificial intelligence (AI) and that “due to their degree of realism, they intend to vex a specific people,” as Minister Félix Bolaños said at a press conference.

In the draft of the aforementioned law to protect minors, which ABC has consulted, it is explained that there are problems “that derive from a lack of adaptation of the current norm (CP) to new technological advances.”

Thus, a new article is incorporated (173 bis) that «sanctions those who, without authorization from the affected person and with the intention of undermining their moral integrity, They spread, exhibit or give Your body image or voice audio generated, modified or recreated by automated systems, software, algorithms, artificial intelligence or any other technology, so that it seems real, simulating situations of sexual or severe vexators».

This implies that everything ‘Deepfake’ that is sexual or considered “vexatatory” can be seated with one or two years in jail – if the material had spread through social networks, the minimum penalty would be a year and a half – regardless of whether the victim is a minor or an adult. In fact, the draft collects that “the sanction of ultrafalses of sexual content or especially vexational in the headquarters of crimes against moral integrity is opt for the sanction because, by virtue of the principle of consumption, the assumptions of injury of moral integrity and also the attacks against honor would be covered, since it must be taken into account not only the affectation to self -esteem and hetero -esteem, but also the reification and instrumentalization that occurs over the taxpayer, generally women and girls, boys and young people who are treated as objects of consumption ». It should be noted that the generation and distribution of child pornography through AI, also considered as ‘Deepfake’, is already contemplated as a crime within article 189 of the CP, although it rules out “the materials that by their roughness reveal its condition of assembly.”