Need for legislation on services creating sexualised images for adults, TD says

There is a need for legislation to tackle services that generate sexualised images of adults, a Sinn Fein TD has said.

Senior Government figures have insisted that there is sufficient legislation to investigate and prosecute child sexual abuse material and non-consensual sexualised images of adults that have been generated through artificial intelligence tools online.

However, a senior garda has said that a complainant is currently required to investigate intimate abuse imagery of adults, and that such material needs to be shared to constitute an offence.

Sinn Fein TD Ruairi O Murchu said this means there is a need for legislation to account for services that provide the generation of sexualised images of adults – even when there is no complainant.

Angela Willis, the Garda Assistant Commissioner Organised & Serious Crime, indicated to the Children’s Committee on Thursday that this did not currently exist.

Asked by Social Democrat TD Aidan Farrelly if the State was sufficiently “armed” to protect children online, Ms Willis said: “Obviously, when it comes to child sexual abuse material, we have absolutely sufficient legislative power available to us to investigate that.

“The production, the circulation, the generation of child sexual abuse material – whether that’s through an AI-generated mechanism or not – that is prohibited.

“When it gets to intimate image abuse, we need a complainant and we also need for that material to have been circulated. So again, there are offences there, but you know, we work within the legislation that’s provided.”

In follow-up questioning from Sinn Fein TD Claire Kerrane, Ms Willis said there are offences for individuals and body corporates for child sexual abuse material and intimate abuse imagery – but added “it has to be circulated when it relates to adults for the offence to be committed”.

She said the Harassment, Harmful Communications and Related Offences Act 2020 talks about liability of directors and officers of corporate bodies of such companies.

Pressed on the requirement for a complainant in relation to adult images by Mr O Murchu, Ms Willis said: “In relation to adult content, so intimate image abuse material, we need a complainant and that data has to have been shared.”

Mr O Murchu asked if it a crime only when the data was shared and not for providing the service.

The senior garda indicated that was correct.

Mr O Murchu said: “There is still a need for legislation in relation to that.”

While acknowledging potential complexities in legislating for the issue, he said there should be laws to combat services that provide for the creation of non-consensual sexualised images of adults.