The escalating concerns surrounding artificial intelligence (AI) and its potential for misuse have prompted governmental action,with a focus on protecting vulnerable populations. Specifically, authorities are now investigating the capacity of AI systems to generate harmful content, including depictions of sexual violence against children. This situation demands a closer look at the legal and ethical implications of generative AI and the responsibilities of tech companies.
On January 7, 2026, reports indicate that the Minister of Youth and childhood initiated a formal request to the Public Prosecutor’s Office to investigate the AI capabilities of X (formerly Twitter).The examination centers on allegations that the platform’s AI, known as Grok, has been used to create disturbing material. This material reportedly depicts sexual violence involving minors, raising serious legal and moral questions.
The core argument presented by the ministry is that the generation of such content, even at a user’s request, cannot be considered a neutral submission of technology. It perhaps constitutes the crime of child pornography, as defined in Article 189 of the Penal Code, and also a violation of moral integrity, outlined in Article 173 of the same code. Thes actions fundamentally compromise the dignity,privacy,and fundamental rights of children and adolescents in the digital sphere.
Furthermore, the minister referenced a recent court ruling from the Badajoz Juvenile Court (case 86/2024, dated June 20th) which resulted in convictions for individuals utilizing AI to manipulate images of young people.This decision underscores the recognition of these practices as a form of digital violence, specifically categorized as child pornography and a breach of moral integrity.
the minister emphasized that this represents a clear violation of fundamental rights and stressed the necessity for the Public Prosecutor’s Office to thoroughly examine these grave allegations.
International Scrutiny: The French Precedent
This isn’t an isolated incident. Just last week, the French government announced its own legal challenge against X’s generative AI. While the French case extends beyond concerns about child exploitation,it shares a common thread: the creation and dissemination of illegal and harmful content.
According to official statements, the French government’s action stems from the recent proliferation of deepfakes – realistic, AI-generated videos - depicting women in sexually explicit situations without their consent. Reports indicate a surge in users prompting Grok to produce images of nude women, leading to widespread public distribution. This mirrors growing concerns about non-consensual intimate imagery and the potential for AI to exacerbate this problem. A 2024 report by the National Network to End Domestic Violence found a 60% increase in reported cases of digitally-created abuse, including deepfakes, compared to 2023.
Both the Spanish and French governments are highlighting the urgent need for accountability and regulation in the realm of generative AI.The question now is how to balance innovation with the protection of fundamental rights and the prevention of harm.
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