Harris backs Labour's call for Coco's Law to be amended to include sharing of AI-generated images

Tánaiste Simon Harris said the Government would work with Labour on the legislation, as he described the creation and sharing of artificially created explicit images as 'dehumanising, degrading, and disgusting'

Gráinne Seoige told the media committee this week that when she went to the gardaí about deepfake images being shared of her, the investigation hit a dead end because somebody in possession of the photograph would not hand over their phone. Picture: Sasko Lazarov/RollingNews.ie

Tánaiste Simon Harris has backed the Labour Party's call for Coco’s Law to be amended so the sharing of intimate images created by artificial intelligence is outlawed.

The party has also called for new offences on creating an image of a person without their consent.

In the Dáil, Mr Harris said the Government would work with Labour on the legislation, as he described the creation and sharing of artificially created explicit images as “dehumanising, degrading, and disgusting”.

The chairperson of the Oireachtas media committee, Alan Kelly, told Mr Harris during leaders’ questions the Government could not wait for Europe to crack down on AI and nudification apps, as he said the introduction of legislation must be prioritised.

Under Coco’s Law, it is illegal to share explicit or intimate images without consent. However, the creation of these images is not outlawed.

The creation of child sex abuse material is illegal.

Mr Kelly said because technology was advancing so rapidly, it was difficult for legislators to keep up.

“[The Labour Bill] provides amendments to Coco’s Law to change the definition of intimate images to include AI-generated images or computer-generated images,” he said.

It also creates a new offence to create such an image of a person without the consent of the person whose image is created.

“Thirdly, and most importantly, crucially, borrowing from law on child sexual abuse, it makes it an offence to knowingly facilitate the generation of such images for the purposes of publication or sharing.

“This is critical legislation. This will deal with the e-commerce companies as publishers.”

Mr Kelly told Mr Harris former election candidate and television host Gráinne Seoige told the media committee this week that when she went to the gardaí about deepfake images being shared of her, the investigation hit a dead end because somebody in possession of the photograph would not hand over their phone.

Gardaí would have had to obtain a court order to take the phone, which was not done.

Mr Kelly argued the e-commerce companies “have to be dealt with by the law for facilitating such behaviour”.

Mr Harris paid tribute to Ms Seoige’s testimony at the media committee, as he vowed the Government would work with the Labour Party on the legislation.

“There's absolutely an onus on all of us in this house, as you rightly say, not a party political issue, all of us to come together to respond,” he said.

I commit today that the Government will absolutely engage constructively with you in relation to your own bill.

Mr Harris said the sharing of non-consensual intimate images “whether they are AI-generated or not” was illegal.

Proposals will be brought to Cabinet in the coming weeks by media minister Patrick O’Donovan and AI minister Niamh Smyth.

The Tánaiste also said the AI advisory council had called for an amendment to the AI Act to include the “prohibition of AI practices which allow users to generate non-consensual intimate images”.

However, he said the European Commission must carry out an annual assessment on whether the “prohibited practice list should be amended”.