Social networks could in future be treated as publishers if and when they make harmful and illegal content available, the Minister of State for Artificial Intelligence has said.
Niamh Smyth said she felt “very strongly” that the Irish Government needs to see if it can legislate to treat social networks like publishers.
If the proposal was adopted, it would change the entire regulation of social networks and increase the liability of platforms such as X, which have been accused of hosting child sex abuse material and non-consensual intimate images.
Ms Smyth was speaking about the recent issues with X’s AI programme Grok at a meeting of the Oireachtas Committee on Artificial Intelligence on Tuesday.
The European Commission, which enforces the Digital Services Act (DSA), announced this week that it had initiated an investigation into X and Grok. It came three weeks after the technology allowed users to digitally undress images of people, including children, without their consent.
An Garda Síochána has confirmed it is investigating 200 images of alleged child sex abuse material generated by Grok.
Committee chairman and Fianna Fáil TD Malcolm Byrne said he felt that if a platform “doesn’t address the question of child sexual abuse material, or some of similar material against adults within a quick period, they should be treated as a publisher and treated in the same way as any other publisher would be treated”.
Ms Smyth said she agreed that such platforms “are publishers” and “we absolutely need to move in the vein”.
“I feel very strongly about that, and I will be seeking to see can we do that,” she said of treating social networks like other publishers.
Ms Smyth also said the Government was considering a law that would broaden existing AI regulations to include a ban on so-called “deepfakes”.
She said the Government would consider a proposal from the Artificial Intelligence Advisory Council for Ireland to use its upcoming presidency of the Council of the European Union to seek to ban AI models which generate intimate images and child sex abuse material.
“The Government will explore the potential to expand and list prohibited AI practices under the AI act and explore options to strengthen victim reporting and awareness raising,” she said.
Ms Smyth said she believed a European Commission investigation into Grok would find that it and X may not have carried out a proper risk assessment or due diligence on its so-called “nudiciation” function.
Under the DSA, a company found to be in breach of the EU-wide legislation can face fines of up to 6 per cent of their annual turnover.
“You and I will sit here and say, well, that [risk assessment] obviously, inevitably, wasn’t done. And I would assume, I can’t pre-empt the outcome of the investigation of the commission, but my assumption would be that will be what the investigation will find.”
Last year, it emerged that the commission was proposing a pause to parts of its landmark artificial intelligence laws due to intense pressure from big tech companies and the US government.
Social Democrats TD Sinéad Gibney asked Ms Smyth if the Government would support the effort to “gut” the AI Act.
Ms Smyth said she would “refute” the claim that what she described as the simplification of the act “in any way guts protection of citizens”.
“The European view, not just my humble view, but in the European view, we have gone through a decade of over-regulation, it has to be said,” Ms Smyth said.
Earlier this month, Ms Smyth held a meeting with officials from X to discuss the Grok controversy. Afterwards, she issued a statement which said X had told her that Grok “has been disabled from removing or reducing clothing on individuals worldwide”.
People Before Profit TD Paul Murphy told Ms Smyth an aide in his office had, with his consent, used the same technology that afternoon to undress a picture of him. He said that while the function is geoblocked in Ireland, it was still possible to use it on X when using a virtual private network.
“What are you going to do about it?” Mr Murphy asked, adding that he believed X had deceived Ms Smyth.
“I will take action, believe you me, I will take action,” Ms Smyth said.
She said it would be a “step too far” to say that X had apologised to her when she met its officials. X, like several other social media giants, has its European headquarters in Dublin, where it has between 120 and 150 staff.
Ms Smyth said she felt that the perspective of X was “skewed” based on some of the language used by officials in their meeting.
“The language even that they were using about ‘user manipulation’ doesn’t sit well with me, and ‘bad actors’ doesn’t sit well with me,” she said.
Fine Gael TD James Geoghegan questioned if X and xAI staff were “horrified” to be working at a company which, even temporarily, was alleged to be hosting child sex abuse material on its platform.
“They should be,” Ms Smyth said.
She told TDs and senators that a day where an app had the capability to undress someone “is a day too long”.
Ms Smyth said that in an “ideal world” she would like to have shut Grok down “immediately”.