Argentina Proposes Legal Measures to Penalize Non-Consensual AI-Generated Sexual Content

Original article: Argentina: Presentan proyecto para penalizar uso de IA en la generación de contenido sexual sin consentimiento

Senator Anabel Fernández has introduced a bill aimed at criminalizing the use of Artificial Intelligence (AI) in the creation of sexual content without consent.

According to the Argentine newspaper El Destape, the proposal seeks to add article 128 bis to the Penal Code, establishing penalties of 3 to 6 years in prison for those who create, generate, or modify explicit sexual images, audio, or videos of real people using synthetic generation technologies without authorization.

The legislator explained that the goal of her proposal is to «combat new forms of digital violence» and update Argentina’s legal framework in response to the advancement of technological tools that allow for the manipulation of images and videos to create realistic appearances.

In this context, Senator Fernández emphasized that the project focuses on protecting privacy and vulnerable groups, as penalties would increase in cases where representations appear to involve individuals under 18 years of age, even if the images were entirely computer-generated and no identifiable victim exists.

«Technology cannot be a legal void for violating the privacy of individuals. Today, AI can destroy the life of a woman or a minor in seconds; the state must firmly punish the creation and distribution of this content,» the parliamentarian stated when justifying her proposal.

Moreover, the initiative not only sets penalties for creating and distributing synthetic sexual content but also establishes consequences for possessing such content with knowledge of its illicit origin, with sentences ranging from one month to one year in prison.

Additionally, the proposal includes amendments to existing articles of the Argentine Penal Code, such as article 155, to impose up to 3 years in prison for disseminating images obtained in private settings — such as through hidden cameras or hacking — even if they were originally captured with consent.

«On another note, article 169 is amended to include threats of distributing intimate material as a specific form of extortion, strengthening legal tools against what is known as sextortion,» noted Senator Anabel Fernández.

El Ciudadano