EU overwhelmingly votes to criminalise AI-generated child sexual abuse material

The European Parliament voted in favour of the directive by 599 to two with 62 abstentions. File picture

The EU has overwhelmingly voted to criminalise AI-generated child sexual abuse material (CSAM) as part of "monumental" legislation that will transform protections for children and victims.

It will be a criminal offence to create, possess, or distribute CSAM that has been created using artificial intelligence. It also covers offences related to livestreamed abuse, grooming, and sextortion.

The European Parliament voted in favour of the directive by 599 to two with 62 abstentions. Over the last year, there has been more than a 1,000% increase in the generation of child sexual abuse content using AI.

Irish MEP Maria Walsh said that policy has not kept up with technology while children have been targeted by "the most disturbing forces in society".

"As a member of the committee responsible for the new law passed in the European Parliament this week, I know the real life impact it will have on vulnerable children and victims," said Ms Walsh.

The legislation will introduce tougher penalties for offenders, and it will introduce a clear ban on horrific 'instruction manuals' that teach people how to abuse children.

The legislation will see AI material criminalised across all 27 member states in the same fashion as real abuse because the models have to be trained using real material, said Dutch MEP Jeroen Lenaers as rapporteur.

"From AI-generated child sexual abuse material, it is only a very small step to abusing children in real life and it needs to stop," said Mr Lenaers.

Europol's Operation Cumberland in February saw 25 arrests in what was one of the first cases involved in AI-generated child sexual abuse material.

Supported by authorities in 19 countries, the operation saw 273 suspects identified and 173 electronic devices seized.

The National Centre for Missing and Exploited Children (NCMEC), a US-based organisation, said it has witnessed a surge in worldwide reports of online abuse in recent years.

In 2022, the number of reports reached over 32 million with 49,000 of these identified as involving a child in imminent danger.

Statute of limitations

The legislation passed on Tuesday will also remove the statute of limitations on child abuse crimes to ensure prosecution of all crimes and to allow victims the time to come forward.

"The legislation will also remove the statute of limitation on child sexual abuse crimes in all EU countries - a crucial move given the average age of disclosure of an experience of child sexual abuse is 52 years old," said Ms Walsh.

"On top of this, a third of abused children never tell anyone at all. This legislation tells survivors that the clock will never run out on their rightful search for justice."

Time should not wash away accountability and there should be no safe zone for abusers that begins when the clock runs out, she said.