Spain Launches Criminal Probe into Social Media Firms Over AI-Generated Child Abuse
The Spanish government has announced it will request prosecutors to investigate major social media platforms, including X, Meta, and TikTok, for potential criminal offences related to the generation and dissemination of AI-created child sexual abuse material. Prime Minister Pedro Sánchez stated this action aims to protect children's mental health, dignity, and rights, while ending the "impunity" of large online platforms.
Government Action Based on Expert Report
The decision, approved by the cabinet on Tuesday, follows an expert report that analysed the criminal liability of practices in the digital environment. The report highlighted the use of deepfakes and manipulated real images to produce explicit sexual content, undermining victim dignity. It warned that social media firms may be involved by allowing rapid and opaque dissemination, hindering detection and prosecution, and facilitating networks that produce, share, and monetise such material.
Broader Measures and International Context
This move is part of a series of upcoming measures by the Sánchez administration, which includes a proposed social media ban for under-16s and legislation to hold tech companies accountable for hateful and harmful content. It comes less than a month after the European Commission launched an investigation into X over similar issues involving its AI chatbot, Grok, and sexually explicit images. Additionally, Ireland's Data Protection Commission has initiated a large-scale inquiry into X's generative AI functionality, focusing on compliance with GDPR regarding personal data of EU/EEA subjects.
Government and Industry Responses
Elma Saiz, a government spokesperson, emphasised that Spain will not allow digital sexual violence against minors to be amplified or protected by algorithms, stressing the importance of children's safety, image protection, privacy, and freedom. The cabinet will formally ask the attorney general to investigate and prosecute any firms found breaking the law. Meta declined to comment on the investigation due to lack of detailed information but reiterated its strong stance against child sexual exploitation and non-consensual intimate imagery, real or AI-generated. X and TikTok have been approached for comment.
Backlash from Tech Leaders
Sánchez's efforts to hold social media companies accountable and shield children from what he termed the "digital wild west" have sparked fierce reactions from tech industry leaders. Earlier this month, Sánchez called for urgent action, describing social media as a "failed state where laws are ignored and crimes are tolerated." He also criticised Elon Musk for using X to spread disinformation about Spain's immigration policies, noting Musk's own migrant status. Musk responded by labelling Sánchez a "tyrant and a traitor" and a "true fascist totalitarian."
Pavel Durov, co-founder of Telegram, sent a message to all Spanish users accusing the government of threatening internet freedoms and potentially turning Spain into a surveillance state under the guise of protection. Spanish officials countered, arguing that Durov's propaganda highlights the need for regulating social media and messaging apps to prevent foreign tech oligarchs from undermining institutions.
Global Trends in Social Media Regulation
Growing concerns over social media's harmful effects have prompted governments worldwide, including Spain, Britain, Greece, and France, to consider stricter legislation. In December, Australia became the first country to implement a ban on children under 16 using such platforms, reflecting a broader international push for enhanced digital safety measures.
