Labour Bill seeks to criminalise social media bosses who allow AI sex abuse images on platforms

A person who is found guilty of any such offence could be jailed for up to seven years

Alan Kelly: 'We need to regulate them, and that's why I hope the Government and opposition will support my bill on Thursday.' File picture: Stephen Collins/Collins Photos

Social media executives should be held accountable if their products contribute to the harm or even death of people, according to Labour TD Alan Kelly who says fines are not enough.

The Dáil will debate a Labour Party Bill next Thursday which will seek to criminalise those who share AI-generated sexually explicit images, as well as the companies that allow their generation or distribution.

The Bill would mean that a person who “generates an intimate image of another person without the other person’s consent, for the purpose of distributing or publishing the image” will be guilty of an offence.

It would also make it an offence to “encourage, knowingly cause, or facilitate the generation” of an image for distribution or publication. A person who is found guilty of an offence could be jailed for up to seven years.

It follows controversy earlier this year over the generation of sexually explicit images, including images of children, using X’s artificial intelligence chatbot Grok.

Mr Kelly argued that “zero” has been done since the Grok controversy, bar “some engagement at a European level”.

However, he warned that if the Government is “going to wait for the EU, we'll be waiting a long time”.

“These e-commerce companies, platforms, whatever you want to call them, all of them don't want regulation,” he said.

“They want self-regulation. Self-regulation is a disaster. We need to regulate them, and that's why I hope the Government and opposition will support my bill on Thursday.”

He added: “Companies have to be held criminally liable. The idea of fines is a joke.”

The Labour TD also said gardaí need to be given the powers to pursue people who post AI-generated sexually explicit content on social media.

He said a special team should be created within the gardaí, but that will require bringing in people who are specialised in this area.

Mr Kelly said his proposed legislation would prosecute both those who hold senior positions in social media companies in Ireland and internationally.

He continued: “Executives are going to have to be held to account.

“If you produced a physical product or a drug that harmed people or killed people, that was criminal, you'd expect to be prosecuted.

“Why is it different for these companies and why is it different for these executives?”

• Louise Burne, political correspondent