Malcolm Byrne (Wicklow-Wexford, Fianna Fail)
Link to this: Individually | In context

469. To ask the Tánaiste and Minister for Justice and Equality if any legislation could currently be used to prosecute those who use artificial intelligence to create child pornography deepfakes; if he will consider introducing a specific offence; and if he will make a statement on the matter. [28777/25]

Jim O'Callaghan (Dublin Bay South, Fianna Fail)
Link to this: Individually | In context

The rate of development in Artificial Intelligence (AI) tools is unprecedented. A whole of Government approach is required to address the AI challenges effectively and harness the AI opportunities. My Department has engaged, and continues to engage, with counterparts across other Departments on digital matters, including AI.

The Harassment, Harmful Communications and Related Offences Act 2020 defines the term “intimate image” widely - extending the legislation’s remit to include AI-generated materials and deepfakes. The term “intimate image” in the Act “means any visual representation (including any accompanying sound or document) made by any means including any photographic, film, video or digital representation”.

The 2020 Act also criminalises the distribution, publishing, or threats to distribute or publish such deepfakes. The Act contains both summary and indictable offences - including imprisonment for a term not exceeding 7 years and class A fines.

The current legislation - Child Trafficking and Pornography Act 1998 - is already framed so that no distinction can made between AI-generated material and other child sexual abuse material. Section 2(2) provides that “The reference in paragraph (a) of the definition of child pornography to a person shall be construed as including a reference to a figure resembling a person that has been generated or modified by computer-graphics or otherwise”.

The existing penalties in Ireland’s national legislation exceed all of the maximum sentences in the Directive 2011/93/EU of the European Parliament and of the Council of 13 December 2011 on combating the sexual abuse and sexual exploitation of children and child pornography, and replacing Council Framework Decision 2004/68/JHA. They also exceed all of the revised maximum sentences proposed in the Revising Directive currently being negotiated at EU level.

I would like to advise that the Department of Enterprise established an independent AI Advisory Council to provide expert advice to the Government on all aspects of artificial intelligence. The Council comprises leading experts from academia, industry and civil society.

Earlier this year the Advisory Council published a report “Ireland’s AI Advisory Council Recommendations - Helping to Shape Ireland’s AI Future”, which includes the following advice on Deepfakes:

"Addressing AI Misuse - Deepfakes and Digital Cloning: In light of the potential misuse of AI, such as widely available technology that can digitally clone the image, likeness, and/or voice of individuals, the Council recommends that the Government considers introducing a specific law prohibiting the creation of digital 'deep fakes' of individuals without their consent."

This document was presented to the Minister for Enterprise, Tourism and Employment Peter Burke, TD, and the new AI and Digital Transformation Minister of State, Niamh Smyth, TD. Minister Burke has publicly stated his commitment to ensure the contents of this report are considered by Government.

The Minister for Public Expenditure, National Development Plan Delivery and Reform Jack Chambers, TD, launched Guidelines on the use of AI on 5 May 2025 (replacing the interim guidelines from January 2024).

I would like to assure the Deputy that this Government is paying attention to the rise of AI and the issues that come with it.