Trial confirmed for 19-year-old accused of creating AI porn of schoolmates

A 19-year-old accused of using Artificial Intelligence to create fake pornographic videos and images of 16 of his former schoolmates and share them online will stand trial, a court in Córdoba has confirmed.

The student at the Instituto Superior de Comercio Manuel Belgrano school, which depends on the National University of Córdoba, shared the counterfeit creations of adolescents on adult websites.

The case began when the father of one of the victims made a criminal complaint. The accused faces charges of “violence against sexual integrity” and “serious injuries caused by gender-based violence.” 

The charges are framed under the Comprehensive Law for the Protection of Women and its recent reform known as the ‘Ley Olimpia,’ which explicitly recognises digital gender-based violence.

The plaintiffs were aged between 15 and 16 at the time of the alleged crimes, with gender considered to be an aggravating factor in the charges lodged against the defendant.

The accused, who is now an adult, faces a potential prison sentence of between three and 20 years if found guilty.

According to Prosecutor Pablo Cuenca Tagle, the defendant is accused of using “face swapping” AI software – which involves superimposing the faces of various victims onto the bodies of other individuals, in this case adult women taken from pornographic websites – to create the images.

Although face-swapping is not explicitly referenced in Argentina's Criminal Code, the act has been classified as digital gender-based violence by prosecutors, forming the basis of the aggravated charges.

Tagle previously said the victims have suffered “severe psychological damage,” including “falls in academic and sporting performances, abrupt changes in routine, shame, apathy and fear.”

The prosecution built its case on a combination of digital forensic analysis, psychological evaluations and statements from those affected.

Investigators have established that the student made various attempts to create the images, all with the assistance of Artificial Intelligence. He posted the fake videos and images on the adult platform Poringa, without the knowledge or consent of the victims.

The content was accompanied by degrading captions, links to victims’ social media accounts and their mobile phone numbers, so that they might be contacted by the users of such platforms. 

The victims were subsequently harassed by consumers of pornography.

Digital forensic experts confirmed the use of AI through metadata analysis and detected digital manipulation signatures within the image files.

The defendant’s legal situation worsened after investigators found a video involving child sexual abuse on his computer and phone. As a result, he was also charged under Article 128 of the Penal Code by a separate prosecutor specialising in sexual crimes.

Gathering the evidence, Córdoba’s Courtroom for the Control of Family Violence No. 1 ruled Tuesday that the case would go to trial. It dismissed opposition from the defendant’s legal representatives, though the accused still holds the right to appeal.

José D’Antona, a lawyer representing some of the victims, noted that as “face-swapping” software is not explicitly included in Argentina’s Criminal Code, he had to seek “a legal loophole” to define the offence.

Although some of the images have been deleted, others continue to circulate on the Internet, added D’Antona.

Speaking in June, the lawyer complained that lawmakers had not taken steps to ease the prosecution of such offences.

“Neither the institutions nor the legislation are prepared to face the adverse consequences which artificial intelligence can cause,” D’Antona said in an interview with Radio Cadena 3.

“Congress could regulate this in 10 lines within a week,” added the lawyer.

Even today, the victims continue to be affected by the creation and dissemination of the videos and images.

"The psychological damage was determined by interdisciplinary expert analysis. They suffered a range of ailments. As teenagers, imagine what it means to discover this without your consent. It can show up in internet searches, affecting your daily life,” said D'Antona.

While the lawyer clarified that he is not seeking the maximum penalty, he stressed the seriousness of the case.

–TIMES/NA