The families of the minors from Almendralejo, of whom naked photos generated by artificial intelligence were distributed this Monday, have two avenues at their disposal to resort to against the authors of said images and their dissemination. On the one hand, there is criminal proceedings through which those responsible could be accused of a crime against privacy and even child pornography.
But as the Spanish Data Protection Agency (AEPD) recalled this Tuesday, families and minors themselves can request the removal of these images through their Priority Channel, indicating the links in which they are published. According to what has been known, the false nudes were published on web pages with pornographic content.
The AEPD cannot, however, request the removal of the images in those cases in which the dissemination is carried out through instant messaging services or by email; but it does have powers to initiate sanctioning proceedings against anyone who disseminates or replicates that content. Furthermore, the complaint made to the AEPD to request withdrawal is independent of what may be filed with the State Security Forces and Bodies or the Prosecutor’s Office.
Thus, the Agency assured that the parents or legal guardians of the offenders, if they are minors, may have to respond financially for the administrative infractions and criminal conduct of their children, as well as for material and moral damages and losses. that they cause.
In addition to this administrative responsibility, there may also be disciplinary, civil and criminal liability, since minors over 14 years of age are liable for crimes classified in the Penal Code such as harassment, threats and dissemination or forwarding of images that seriously undermine the privacy of a person, even if they were obtained with his or her permission.
For her part, the Minister of Territorial Policy and spokesperson for the acting Government, Isabel Rodríguez, has recognized the existence of a “social alarm” generated by cases like these. Asked if it is necessary to regulate Artificial Intelligence to prevent cases like these false nudes from occurring, the spokesperson for the acting Executive responded that “the rules” that the Executive has approved in this regard have been different. “This law for the comprehensive protection of children and adolescents against violence already contemplated these new forms of violence that are occurring as a consequence of the use of new technologies, the use of networks, of screens,” he stated.
So far, the National Police has identified several minors for their alleged involvement in the alleged use of images of minor girls and 11 complaints have already been filed, according to the Government delegate in Extremadura, Francisco Mendoza, who has specified that no Neither the number of victims nor the alleged perpetrators of the manipulation is closed.
