Colm Burke (Cork North-Central, Fine Gael)
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177. To ask the Tánaiste and Minister for Justice and Equality his plans to introduce legislation that will criminalise individuals who use artificial intelligence to produce and distribute deepfake images and videos; and if he will make a statement on the matter. [36381/25]

Jim O'Callaghan (Dublin Bay South, Fianna Fail)
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The rate of development in AI tools is unprecedented. A whole of Government approach is required to address AI challenges effectively and harness AI opportunities. My Department has engaged, and continues to engage, with counterparts across other Departments on digital matters, including AI.

As the Deputy will be aware, the Government includes a Minister of State for Trade Promotion, Artificial Intelligence and Digital Transformation, Ms Niamh Smyth, TD, which is the first time there has been a portfolio concerning AI.

The Department of Enterprise led the negotiations on the AI Act and is leading on its implementation at a national level. The Department of Enterprise established an independent AI Advisory Council, to provide expert advice to the Irish 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 AI and Digital Transformation Minister of State, Niamh Smyth, TD. This report was also shared with the Department of An Taoiseach. Minister Burke has publicly stated his commitment to ensure the contents of this report are considered by Government.

My Department and I are committed to continuing our active engagement and collaboration with our counterparts across Government, to ensure we deliver on our Department's mission of working for a safe, fair and inclusive Ireland.

The Harassment, Harmful Communications and Related Offences Act 2020 (also known as “Coco’s Law”) defines the term “intimate image” broadly in order to capture all of the potential means by which intimate images may be produced. This covers 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 seven years and class A fines.

Anyone who becomes aware of intimate images being used in this way, whether they are deepfakes or not, should report it to An Garda Síochána or to Hotline.ie, which works with all the major internet service providers in Ireland, as well as a network of international partners, and has been successfully getting illegal material online removed from various platforms for over 20 years.

The 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 and also exceed all of the revised maximum sentences proposed in the Revising Directive currently being negotiated at EU level.