X 'breaking the law' by facilitating the creation of explicit images by Grok, says minister
Niamh Smyth: 'I would say X is, as I said, facilitating [it]. It is its AI chatbot creating this imagery and facilitating these shocking, outrageous images to be created in the first place.' File photo: Sam Boal/Collins Photos
Social media platform X is “breaking the law” by facilitating the generation of explicit images of women and child sexual abuse images (CSAM), AI minister Niamh Smyth has said.
Ms Smyth said it is “deeply worrying” that explicit images have been shared on X, while also criticising the social media firm for allowing their generation through its AI chatbot Grok.
The AI minister said it is a “criminal offense” to distribute CSAM, both real and computer generated images.
“As far as I’m concerned, the law has been broken here in Ireland,” Ms Smyth told RTÉ radio.
“I would say X is, as I said, facilitating [it]. It is its AI chatbot creating this imagery and facilitating these shocking, outrageous images to be created in the first place.
“Then it is the platform X that are allowing it to be disseminated among the public.
Ms Smyth said the company would be breaking both Irish law and wider EU laws, including the Digital Services Act.
Asked if there would be consequences for X over the sharing of CSAM and explicit images, Ms Smyth said she is looking forward to sitting down with the social media firm in the coming days.
She added it is “at a point” now where enforcement action is required against X and Grok.
“I’ll certainly be doing everything I can to see that that does happen,” Ms Smyth said.
The junior minister urged people impacted by sexually explicit images generated through Grok to report to the Gardaí, Coimisiún na Meán and the Irish Internet Hotline.
Meanwhile, speaking in Shanghai, Taoiseach Micheál Martin said he has "great issues" with the use of Grok for nudification of women and children.
However, he declined to say that he would leave X because of it.
"I would have great issues with what is emerging in terms of the operation, and particularly has been this week in terms of AI, that is extremely worrying. I think the first response has to be that the regulators and the authorities deal robustly with that, and any breach of criminal law be pursued and pursued vigorously.
"Platforms can be misused and abused, or they can be used for positive reasons as well, in terms of articulating various positions, government policies and so on like that. So I think one would have to consider those issues carefully before jumping to conclusions on the utilisation of any platforms."
He was asked if he believes the fact that Grok is being used extensively, despite condemnation from world leaders, showed gaping holes in the laws governing social media and AI. Mr Martin said the "laws are there" to deal with any abuses.
"My view would be that the law, existing law, can deal with that. I think the law can deal with it is my understanding. Any breach of a law, particularly in respect of children, in my view, certainly it should be taken up by the justice system and the enforcement system."
In Europe, Fianna Fáil MEP Billy Kelleher said the European Commission must use the tools as its disposal to address the issue as a matter of urgency.
“The Commission can immediately launch formal proceedings against Grok for systemic failures to mitigate risks and protect minors, as set out in Articles 28, 34, and 35 of the Digital Services Act,” he said.
“It also has the power to temporarily suspend Grok while the investigation is ongoing. The days of social media being the Wild West and being outside the reach of the law must come to an end.”
UK-based watchdog Internet Watch Foundation (IWF) has said online criminals are claiming to have used Elon Musk’s Grok AI tool to create sexual imagery of children.
IWF said users of a dark web forum boasted of using Grok Imagine to create sexualised and topless imagery of girls aged between 11-13.
“We can confirm our analysts have discovered criminal imagery of children aged between 11-13 which appears to have been created using the tool,” said Ngaire Alexander, the head of the IWF’s hotline, which investigates reports of child sex abuse material from members of the public.
X, Elon Musk’s social media platform, has been deluged with images of women and children whose clothes have been digitally removed by the Grok tool, sparking public outcry and condemnation from politicians.
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