Minister of State with responsibility for artificial intelligence (AI) Niamh Smyth said that “the deep concerns that have been raised by members of the (Oireachtas Media) committee, and the public in general, in relation to reports of harmful and illegal content being generated and disseminated through the use of Grok on the X platform”.

“This is a very serious issue. I have asked my officials to liaise with the commission on the potential for the AI Act to be amended to provide protections. The recent misuse of AI to generate appalling deepfake images is a prime example of how trust can be eroded and why governance is so important.”

She thinks that X failed to carry out adequate “risk assessment and due diligence” on Grok, and told the Oireachtas Joint Committee on AI that she “would assume” that this is what a European Commission investigation would “turn out”, but added she did not want to pre-empt it.

Government ministers met in January of this year to discuss strengthening the laws around intimate image abuse. It follows an alarming rise in the use of AI to generate offensive content.

Taoiseach Michael Martin has said Coco’s Law, which banned the sharing of intimate images without a person’s consent, may need to be strengthened. He was speaking in advance of an expected European Commission investigation into the AI platform Grok.

Coco’s Law was created following the death of Nicole ‘Coco’ Fox. Coco died aged just 21 after relentless online bullying. Her mother Jackie campaigned tirelessly to change the law on the sharing of intimate images, and she succeeded in December 2020 when Harassment, Harmful Communications and Related Offences Bill, known as Coco’s Law, was signed into law.

Broadcaster Gráinne Seoige told the Oireachtas Media Committee that the creation and sharing of AI deepfakes could be the abuse scandal of the 21st century unless new laws are introduced. “Ireland has faced many abuse scandals where systemic failure by authorities was later acknowledged,” Ms Seoige said.

She had been addressing the committee about her own personal experience which involved fake sexual images of her of being shared on WhatsApp groups during the 2024 General Election campaign.

The Government is considering moving forward with a “suite of measures” designed to regulate AI. Indications have been given that the measures may also be taken on board at EU level. Ireland is expected to hold an AI summit during its upcoming presidency of the EU.

It is understood they will discuss whether a law banning the sharing of intimate images without consent needs additional focus. They may also consider calls from the AI Advisory Council for a law prohibiting so-called “deepfakes”.

An Garda Siochana is currently investigating 200 allegations of child sex-abuse imagery created by Grok.

 

NB – This is a guide for information purposes only and does not constitute legal advice. If you have an issue requiring legal advice, please contact any of the team at Nolan Farrell & Goff LLP, whose numbers can be found on our website www.nfg.ie, or email info@nfg.ie.