Criminal Treatment of The Misuse of Artificial Intelligence in The Creation of Pornographic Content and the Psychological Consequences on the Victim

Abstract

The abuse of artificial intelligence in the creation of pornographic content represents a modern form of socially dangerous behavior that requires an adequate criminal law response and an interdisciplinary approach. The development of generative technologies has enabled the creation of highly realistically manipulated or completely synthetic content, which opens up new types of violation of the right to privacy, dignity and personal safety. These forms of abuse include the use of “deepfake” technology, the digital manipulation of existing visual materials, as well as the generation of content that imitates real people without their knowledge or consent, thereby further complicating the determination of responsibility and the protection of victims. The current criminal legal framework is based on the protection of sexual freedom, honor and reputation, as well as the protection of minors, whereby the question of its normative completeness and effectiveness in the context of accelerated technological development and new forms of digital violence is raised. In addition to the legal aspect, this phenomenon is also characterized by pronounced psychological and victimological effects, which are reflected in the impairment of mental health, the feeling of stigmatization, the loss of a sense of security and the long-term consequences for the social functioning of the victims. The work is methodologically based on a theoretical analysis of relevant positions in domestic and foreign literature, a normative analysis of valid legal regulations, as well as on empirical research conducted among students using the survey method. Descriptive analysis was used in the processing and interpretation of collected data, with the application of inductive and deductive methods in order to draw conclusions. Special attention was paid to examining respondents’ views on the social danger of this phenomenon, their level of information, as well as the perception of the need to improve criminal law regulations. The aim of the work is to point out the shortcomings of the existing criminal legal framework, as well as the need for its normative improvement and the development of more effective preventive and protective mechanisms.