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Writer's pictureDaeun Lee

South Korean courts set precedent with landmark AI-generated child exploitation case

17 October 2023

By Daeun Lee



A legal milestone was caught in South Korea, where a man was sentenced for using

A legal milestone was caught in South Korea, where a man was sentenced for using artificial intelligence (AI) to generate sexually inappropriate images of children. This anonymous individual in his forties, was handed a two-and-a-half-year prison sentence earlier this month, confirmed by the Busan District Court and the district’s Public Prosecutor’s Office.

According to the statements from the prosecutor’s office, the individual was found to have created approximately 360 images in April. Importantly, the images were not widespread, and law enforcement seized them.

During this court session, the prosecution urged that the definition of sexually exploitative content should contrive descriptions of sexual harassment involving “virtual humans” and not just the look of actual people. Such illegal ruling establishes a precedent, focusing on explicit material that can involve using “high-level” technology that convincingly mimics real children and minors, as emphasized by the prosecutor's office.

The case highlights regulations of the burgeoning AI industry on a global scale, which impacts various problems such as copyright, national security, and personal privacy. Governments and organizations worldwide are hurrying to implement regulations, especially in response to cases involving the potential misuse of AI in violating autonomy and safety, especially in women and minors. It shows the importance of continual effort in refining legal frameworks to address emerging technological challenges.

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