Context

• One of the most alarming threats is the use of AI to generate, possess, and disseminate child sexual abuse material (CSAM).
• In response, the United Kingdom (U.K.) has taken a pioneering step by introducing legislation targeting AI-generated CSAM.
• This development is accompanied by growing global concern over the misuse of AI tools to create life-like child exploitation content.
• Given the increasing incidence of cybercrimes against children, India must reassess its existing legal framework and adapt it to effectively counter this emerging threat.

The UK’s Legislative Approach to AI-Generated CSAM

• The International AI Safety Report 2025, released by the British government’s Department for Science, Innovation, and Technology in collaboration with the AI Security Institute, highlights the risks posed by AI-generated CSAM.
• In response, the U.K. is set to introduce legislation that will criminalize the possession, creation, and dissemination of AI tools designed for generating CSAM.
• Additionally, possessing manuals that guide individuals on using AI for CSAM production will also be illegal.
• This proposed legislation represents a shift from an ‘accused-centric’ and ‘act-centric’ approach to a "tool-centric" one, recognizing that AI itself can facilitate child exploitation crimes.
• Existing U.K. laws, such as the Protection of Children Act 1978 and the Coroners and Justice Act 2009, focus primarily on individuals and their actions.
• However, the new legislation takes a proactive stance by targeting the tools that enable such crimes, providing several advantages:
  • It allows authorities to apprehend offenders at an earlier stage, potentially preventing harm.
  • It reduces the psychological and emotional damage caused to children by limiting the spread of AI-generated CSAM.
  • It closes a crucial legal loophole, previously, laws addressed only materials involving actual children, whereas AI-generated imagery was not explicitly covered.

The Growing Threat of AI-Generated CSAM in India

• India, like many other nations, faces significant challenges in combatting CSAM.
• The National Crime Records Bureau (NCRB) Report 2022 reveals a sharp rise in cybercrimes against children.
• Additionally, the National Cyber Crime Reporting Portal recorded 1.94 lakh cases of child pornography incidents as of April 2024.
• These figures highlight the increasing threat posed by CSAM, exacerbated by the availability of advanced AI tools.
• While India has existing laws to counter child exploitation, such as Section 67B of the Information Technology (IT) Act, 2000, and provisions under the Protection of Children from Sexual Offences (POCSO) Act, 2012, these laws were drafted before the rise of AI-generated content.
• As a result, they fail to adequately address the unique risks posed by AI-generated CSAM.

Steps Needed to Effectively Counter AI-Generated CSAM in India

• Expanding Legal Definitions
  • The National Human Rights Commission (NHRC) recommended in 2023 that the term ‘child pornography ‘under the POCSO Act be replaced with "CSAM" for broader legal coverage.
  • Additionally, the phrase ‘sexually explicit’ under Section 67B of the IT Act must be clearly defined to facilitate real-time identification and blocking of AI-generated CSAM.
• Regulating Digital Intermediaries
  • The definition of "intermediary" in the IT Act should explicitly include Virtual Private Networks (VPNs), Virtual Private Servers (VPS), and cloud services.
  • This will ensure that technology providers bear legal responsibility for compliance with CSAM-related laws.
• Legislative Amendments for AI Risks
  • Statutory amendments must be introduced to specifically address AI-generated CSAM, following the U.K.’s example.
  • This would empower enforcement agencies to act against individuals and platforms facilitating the creation of such material.
• International Cooperation
  • India should actively support the UN Draft Convention on ‘Countering the Use of Information and Communications Technology for Criminal Purposes.’
  • Global cooperation is essential to tackling cross-border digital crimes, including AI-generated CSAM.
• Incorporating AI-Specific Provisions in the Digital India Act
  • The Ministry of Electronics and Information Technology is currently working on the Digital India Act 2023, which aims to replace the outdated IT Act.
  • This legislation should include specific provisions to combat AI-generated CSAM, drawing inspiration from the U.K.’s upcoming law.

Conclusion

• The U.K.’s legislative approach serves as an important model for India and other nations grappling with similar concerns.
• While India has existing laws to address child exploitation, they lack explicit provisions for AI-generated content.
• By amending its legal framework to include AI-specific safeguards, strengthening regulatory oversight, and developing international collaboration, India can take decisive action to protect children in the digital age.