AI-manipulated pornography is not exempt from laws or prosecution. Contrary to two persistent misconceptions, Canadian law fully applies and monitoring mechanisms already exist. Explanations.
“The law does not apply to an AI-manipulated porn image or video.”
This statement is the first myth to debunk about the production and distribution of AI-manipulated pornography. Indeed, the ease of access to tools that allow the creation of sexual images, sounds, or videos from existing online content does not in any way mean that provincial and federal laws cease to apply in Canada.
While studies have shown that 99% of AI-manipulated videos are pornographic and that 96% of these online videos are non-consensual in nature, young people are largely unaware of their criminal nature, whether due to ignorance, naivety, or the trivialization of this new societal phenomenon.
Hence the importance of warning them about the possible legal consequences of producing and distributing AI-manipulated pornography.
All possible offenses
By carefully examining the legislation in force in the country, lawyer Simon Robichaud Durand identified all the offenses that could be investigated by law enforcement depending on the circumstances they encounter.
First, Articles 4 and 5 of the Quebec Charter of Human Rights and Freedoms (RLRQ c C-12) apply because they concern the protection of one's dignity, honor, and reputation, as well as the right to respect for one's private life, including the right to one's image.
Next, Articles 3 and 35 of the Civil Code of Quebec (RLRQ c CCQ-1991) have the force of law since they define personality rights related to the right to life, the inviolability and integrity of one's person, the respect for one's name, and the right to the protection of one's reputation and private life.
Finally, the Criminal Code (RSC (1985), c. C-46)[5] provides for eight offenses related to deepfake pornography: identity fraud (ss. 402.0 and 403), criminal harassment (s. 264), defamation (ss. 198–302), non-consensual distribution of intimate images (s. 162.1), accessing child sexual abuse material (s. 163.1(4.1)), possession of child sexual abuse material (s. 163.1(4)), production of child sexual abuse material (s. 163.1(2)), and distribution of child sexual abuse material (s. 163.1(3)).
Deepfake pornographic images and videos are included in the definitions of the Canadian Criminal Code, as they constitute a photographic, filmed, video, or other representation, whether or not created by mechanical or electronic means.
Furthermore, judges of the Quebec Court define AI-generated hyper-realistic pornography by referring to synthetic images, that is, images, in 2D or 3D, created entirely by computer using mathematical calculations, which can be either static or animated.
These images are produced by specialized software. Currently, anyone can order, sell, or buy hyper-realistic pornography on specialized websites.
"I will never be caught for that." This statement constitutes the second myth to debunk regarding the production and distribution of hyper-manipulated pornography through artificial intelligence (AI).
Indeed, from 2014 to 2022, 9,958 young girls and boys were charged in cybercrime cases, notably including the non-consensual distribution of intimate images. The number of charges continues to rise in Canada.
Monitoring mechanisms
But how do people manage to believe that they won't get caught when the virtual world is watching them and can record everything?
It is possible that young people and adults are unaware of the law regarding the mandatory reporting of child pornography on the Internet by Internet service providers (S.C. 2011, c. 4).
The latter requires all companies that provide Internet services to provide an Internet protocol address or a URL where publicly accessible child pornography might be found.
They must report this information as soon as possible to the Canadian Centre for Child Protection (CCCP). The latter "aims to reduce the sexual exploitation and abuse of children, help locate missing children, and prevent violence against children.
To this end, it offers various programs, services, and resources to families, educators, child services organizations, and law enforcement across Canada, as well as to other stakeholders.
If you are a victim of deepfake pornography created and shared without your consent, you can visit the Cyberaide.ca website.
This is the Canadian hub for reporting cases of child sexual exploitation and abuse online.
The CCPE is also responsible for Project Arachnid, a web platform that detects known images of child sexual abuse on both the surface web and the dark web. It sends removal requests to technology companies.
More and more victims
In a recent survey conducted among young Canadians aged 13 to 17 by the CCPE[10], it was found that more than 1 in 2 teenage victims (52%) received an unwanted nude or sexual image, and that 1 in 6 victims (17%) was depicted in a doctored nude or sexual image.
In light of these findings, there is every reason for the Criminal Code to make the creation and sharing of hyper-edited nude or sexual images an offense, as recommended by the CCPE and the RFQ.
This amendment is advantageous, as Statistics Canada will now be able to collect data on hyper-edited pornography in the country.
