Dutch regulators demand total nudify ban beyond EU rules

Multiple Dutch regulators and law enforcement authorities have welcomed Europe’s ban on AI-nudify apps and websites. But to be truly effective, a complete ban is necessary.

The Netherlands Authority for Consumers and Markets (ACM), the Netherlands Authority for the Prevention of Online Terrorist Content and Child Pornography (ATKM), the Dutch Data Protection Authority (AP), the Dutch Media Authority (CvdM), the Dutch Public Prosecution Service (OM), and the Dutch National Police are thrilled that Europe introduced new legislation that prohibits applications and websites to “undress” people or create and distribute child sexual abuse material (CSAM) in the EU.

These images are often used for blackmail or extortion, which can have a tremendous impact on the lives of victims. Therefore, the regulators and supervisors wish to meet with the relevant ministries to discuss how a European ban can be implemented in the Netherlands as soon as possible.

Last week, the European Parliament approved a ban on nudify apps. However, this proposal doesn’t constitute a complete ban. For example, removing clothing from AI-generated characters is still permitted. It’s also allowed if the person depicted gives their consent. Dutch authorities want to eliminate these exceptions.

In a joint statement, the agencies voice their concerns and argue that Europe’s legislation may not be extensive enough. To be truly effective, the entities argue, it’s necessary to ban these tools completely, even in those cases where the depicted individuals may have consented to the creation of those images.

“Current legislation makes it primarily possible to take action against individual offenders who create and distribute explicit images. This does not offer a permanent solution to the underlying problem. There are insufficient options for taking action against the tools themselves,” the regulators explain.

In anticipation of the introduction of a general ban on nudify apps, the authorities will continue to handle individual reports and assess how they can get the most out of the existing legislative framework.

“The law seems to offer opportunities to take action against the developers of such tools, particularly in the case of child pornography. A ban on nudify tools themselves will enable regulators to take effective action against the root of the problem,” the agencies state.

The organizations also stress the importance of raising awareness among minors. “It is important that this target group is aware of the fact that this is punishable by law,” they say.

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