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AII-1002-02269
ConfirmedA court, a regulator or the organization itself has stated the core facts, or the record cites a court or regulator source.Supporting sources are pending verification.

Argentina court rules AI-generated child sexual abuse images are criminal

Argentina's Cámara de Apelaciones y Garantías en lo Penal del Departamento Judicial Zárate-Campana ruled that creating images of child sexual abuse using artificial intelligence is a criminal offense under Article 128 of the Penal Code, even when no real identified victims exist. The court determined that AI-generated abuse material causes equivalent harm to actual abuse images.

2 July 2025 · Harmful and abusive content
2 July 2025
AII-1002-02269
Quick facts
Category
Harmful and abusive content
Country
Argentina
Date
2 July 2025
Drafted by
Raidu Incident Detection

What happened

The Cámara de Apelaciones y Garantías en lo Penal del Departamento Judicial Zárate-Campana issued a ruling that AI-generated images of child sexual abuse are criminal under Article 128 of the Argentine Penal Code. The case originated from accusations against a man of publishing and distributing representations of minors under 18 in sexual activities, aggravated by depictions of minors under 13.

The defendant's defense argued that no real victims had been proven to exist and that the content could have been digitally generated or altered using AI or CGI, contending that Article 128 protects only real victims and does not penalize fictional representations. The judges rejected this argument, holding that the term 'representation' in Article 128, as reformed by Law 27.436, encompasses any depiction of minors in sexual situations regardless of how it was created.

Reported impact

The court found that observation of the videos and photographs showed children aged between 3 and 13 years, despite lack of identification of specific victims. The judges determined that AI-generated child sexual abuse images cause the same harm as real abuse material.

Index analysis

Article 128 of the Argentine Penal Code, reformed in 2018 by Law 27.436, was interpreted to include digital content and representations of minors in sexual situations as crimes. The court established a legal precedent by clarifying that 'representation' means an image or idea that substitutes for reality, applying this definition to AI-generated content.

Classification

Category
Harmful and abusive content
Industry
Media, social platforms and marketing
Country
Argentina
Harm status
Potential harm
Intent
Unknown
Timing
Unknown
Harm types
Human or fundamental rights, Psychological, Public interest
Harmed
Children
Consequences
Legislative action
AI systems
AI tools
Regulations
FCRA (cited)

Sources and evidence

Sources not yet published

This record was researched and written by the Index from original reporting. Its sources are still being verified by an editor, and they are listed here once that check is complete. Until then the record carries no reviewer.

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