Aiding creation of non-consensual explicit images is a criminal offence, says Justice Minister

Sinn Féin TD Matt Carthy criticised X and other tech firms in the Dáil, saying they believe they are 'above the law'. File picture: Noah Berger/AP

There is a “strong view” that the social media company X has committed a criminal offence by allowing the generation of sexually explicit images and child sexual abuse material, the Minister for Justice has said.

Jim O’Callaghan told the Dáil there is “widespread revulsion” within Government over the use of AI tools such as Grok to generate non-consensual explicit images of women and children.

“We also need to recognise as well that aiding and abetting an indictable serious offence is indeed a criminal offence itself,” said Mr O’Callaghan

“There’s a very strong view that, in fact, X itself has committed a criminal offence by aiding and abetting the commission of offence under Coco’s Law.”

In Ireland, Coco’s Law criminalises the sharing of intimate images without consent.

Mr O’Callaghan said the use of AI to generate “offensive material or to abuse or harass any individual is unacceptable”.

It represents a very serious violation of privacy and dignity. It promotes a culture of objectification, particularly of women, and disrespect.

"It is an issue that the Government is taking very seriously and is taking concrete steps to address,” Mr O’Callaghan said.

He was speaking in the Dáil as Sinn Féin brought forward legislation to prohibit the creation of non-consensual intimate images.

The Sinn Féin bill, brought forward by Maire Devine and Matt Carthy, would increase the maximum penalty, if convicted, for generating such images up to five years in prison.

Mr O’Callaghan said the Government will not oppose the bill, saying Sinn Féin’s intention aligns with the coalition.

He added he is examining the existing framework to protect people from “digital harms” alongside the Attorney General.

Mr Carthy said the Government has been “far too slow” to address a “clear gap” in existing legislation, but he welcomed that it would not be opposed.

He said the Grok nudification scandal had exposed a loophole that while sharing AI generated explicit images is illegal, it is not illegal to generate them.

Mr Carthy said the Sinn Féin bill is straightforward and an “absolutely necessary step”.

He criticised X and other tech firms in the Dáil, saying they believe they are “above the law”.

While Mr O’Callaghan said the Government will not oppose the bill, he said there are some elements that are areas of concern.

It would be highly unusual, I have to say, if a five year imprisonment sentence is imposed on a person for creating an intimate image that’s never spoken about and is never shared with anyone including the victim.

“Under the bill, as drafted at present, if an individual in the confines of their home decided that they wanted to use an artificial mechanism to say, create an image of me nude on their computer and then they deleted it — they probably laughed at it — they never sent it anywhere else.

“Under this legislation, that person would find themselves having committed an offence which could expose them to a sentence of up to five years imprisonment.”

Mr O’Callaghan said the Attorney General had advised him this would be a “disproportionate penalty” for an offence where there is no need to prove criminal intent.

• Tadgh McNally is a Political Reporter.