Argentina - AI-Generated Sexual Images Bill (7225-D-2024)

Overview

Expediente 7225‑D‑2024 is a legislative proposal submitted to the Argentine Chamber of Deputies on 2 December 2024 (sponsored by Deputy Eugenia Alianiello). The project seeks to amend the Criminal Code by adding two articles — 128 bis and 131 bis — that criminalize the non‑consensual production, distribution, publication and possession of sexually explicit images or audiovisual material created or manipulated using artificial intelligence (AI) or comparable technologies. The draft reinforces existing prohibitions on sexual representations of minors and expressly extends penal protection to adults whose intimate images are created or altered without consent through AI. The document (project text available in the parliamentary file) includes graduated penalties, aggravating circumstances for mass dissemination or exploitation of trust, and a discrete offense addressing digital harassment of minors via deepfakes. For the legislative text, see the official project document: Exp. 7225‑D‑2024 (project PDF) and the Chamber of Deputies project page: Deputies project page (7225‑D‑2024).

Definitions

The bill uses and clarifies several operative terms: (1) "representations" — covers images or audiovisual depictions that may be real or simulated; (2) "intelligence artificial / manipulated via AI" — framed broadly to capture audiovisual content produced or altered by algorithmic or computational means (deepfakes); (3) "persons" — includes both minors (under 18) and adults; (4) "consent" — absence of consent is a central element for adult‑focused offenses; (5) "facilitate, publish, distribute" — verbs used to capture a range of acts from active creation to passive hosting or enabling access. The bill does not provide a narrow technical definition of 'AI' but instead uses functional language ('manipulated via intelligence artificial or any other technology') to ensure technological neutrality and future‑proof coverage.

Governance and Institutional Framework

Legislative stewardship and referral: the project is filed in the Chamber of Deputies and was referred to the "LEGISLACION PENAL" commission with complementary referrals to "COMUNICACIONES E INFORMATICA" and "FAMILIAS, NIÑEZ Y JUVENTUDES". The sponsor and committee structure indicate a cross‑sector legislative review combining criminal law expertise, digital communications policy and child protection. Operational enforcement remains with the criminal justice system: public prosecutors (Ministerio Público Fiscal) investigate and initiate prosecutions, courts adjudicate, and law enforcement agencies execute orders. Relevant executive and regulatory actors for policy coordination include the Ministry of Justice and Human Rights and agencies responsible for online harms and communications regulation. Official project text and docketing are accessible through the Chamber of Deputies pages: project page and the depositary PDF: project PDF.

Key Focus Areas

The bill targets three main problem sets. First, protection of minors: it preserves and elevates strict penalties for sexual representations of persons under 18, including explicit reference to 'real or simulated' depictions, and increases penalties for dissemination via mass digital platforms or when committed by trusted actors. Second, non‑consensual sexualized deepfakes involving adults: the bill creates a specific offense for producing or disseminating AI‑manipulated intimate audiovisual material of adults without consent (criminal range one to six years), addressing a gap in some prior interpretations of existing provisions. Third, digital harassment of minors: Article 131 bis criminalizes use of digital means (including deepfakes) to intimidate or cause emotional harm to persons under 18 (one to four years), recognizing non‑distribution harms such as stalking and targeted online intimidation. Across these areas, aggravating circumstances capture mass dissemination on digital platforms, exploitation of positions of trust or authority, and enhanced ranges when victims are under 13. The measure is explicitly framed as technology‑neutral: it covers content 'manipulated by artificial intelligence or any other technology', aiming to avoid obsolescence as methods evolve. It also contemplates different culpable acts (production, financing, offering, commerce, publication, facilitation, distribution, possession) to ensure both creators and intermediaries who knowingly participate may be prosecutable. The bill leaves enforcement mechanisms to the ordinary criminal procedure, while signaling the need for technical forensic capabilities to establish origin and manipulation of digital files.

Implementation Framework

If enacted, the law would enter into force the day after publication in the Boletín Oficial. Implementation depends largely on existing criminal justice capacities. Practical execution requires: training prosecutors, judges and police on digital forensics and metadata analysis; establishing procedures for preservation and cross‑border evidence cooperation given the online distribution of content; and clarifying platform responsibilities under ancillary communications or intermediary liability frameworks. The bill does not create a new regulatory authority or administrative notice‑and‑takedown mechanism; enforcement is criminal (investigation/prosecution). Legislative referral to the communications and informatics commission signals an expectation that follow‑up regulatory work — either by Congress or by the executive through sectoral agencies — may be necessary to address platform takedown, evidence preservation and cross‑border cooperation. The sponsor’s explanatory memorandum highlights the need to align criminal response with international commitments on child protection and digital rights.

Monitoring and Evaluation

Monitoring will principally rely on prosecutorial statistics and judicial outcomes: numbers of complaints, investigations opened, charges filed, convictions obtained, and sentences imposed under the new articles will indicate enforcement activity. Given digital distribution’s cross‑jurisdictional nature, evaluation should include metrics on platform removals, time‑to‑removal, cross‑border cooperation requests, forensic laboratory capacity and training initiatives for investigators. The bill itself does not establish monitoring reporting obligations; those functions would likely be assigned to the Ministry of Justice or to the Procuración General (MPF) under standard coordination practices. Policymakers may couple the criminal provisions with an annual review or reporting requirement through secondary measures to assess effectiveness and unintended impacts (for example, chilling effects on legitimate speech or privacy concerns for consensual adult content).

Penalties, Liability, and Appeals

The proposed criminal sanctions are specified in the text. For sexual representations of minors (real or simulated) the bill prescribes imprisonment of three (3) to eight (8) years. For non‑consensual AI‑manipulated sexual content representing adults the range is one (1) to six (6) years. Facilitating access or supplying pornographic material to children under 14 carries a penalty of one (1) month to three (3) years. Article 131 bis (digital harassment of minors via deepfakes or other digital means) sets a penalty of one (1) to four (4) years. Aggravating circumstances (mass dissemination via digital platforms or abuse of trust/authority) increase the penalty ranges (six to twelve years in certain cases) and all ranges increase by one third when victims are under 13. Liability follows ordinary criminal procedure: individuals are subject to criminal prosecution; intermediaries who knowingly facilitate distribution may be implicated under the verbs used in the text. Remedies and appeals will proceed through the ordinary appellate judicial channels; nothing in the bill creates extraordinary administrative appeal processes.

Relationship to Other Instruments

The proposal modifies the Criminal Code and directly builds on existing Article 128 (as reformed by Law 27.436) which already criminalizes production and distribution of sexual representations of minors. It is consistent with Argentina’s obligations under the Convention on the Rights of the Child and related instruments. Related domestic norms include Law 26.061 (comprehensive protection of children), Law 26.485 (prevention of gender‑based violence), and data privacy protections under national frameworks. Judicial developments (recent case law recognizing that AI‑generated sexual depictions of children can fall under existing Article 128) provide legal context and urgency for the statutory update. For the current Article 128 text see the official normative repository: Law 27.436 (Art.128 text) and the project PDF: Project PDF.

International Alignment

The draft aligns with global trends to criminalize sexual deepfakes and adapt sexual‑offense statutes to emerging technologies. Several jurisdictions have recently updated statutes or interpreted existing laws to cover AI‑generated sexual material; international instruments on child protection (e.g., the Optional Protocol to the CRC) and regional human‑rights obligations inform the bill’s framing. The explanatory text references Argentina’s international commitments to protect digital rights and combat violence against children. International cooperation will be essential for evidence collection, cross‑border takedown and mutual legal assistance, especially since hosting platforms and creators may be outside Argentina’s jurisdiction.

Implementation Timeline

Sources and References