AI Generated Indecent Images and Pseudo-Photographs of Children | Proposed New Legislation
In response to the significant increase in the use of Artificial Intelligence (AI) tools to generate child sexual abuse images, the Government proposes new legislation to ensure that AI cannot be used to create such material.
Although taking, making, sharing and possessing indecent images and pseudo-photographs of people under eighteen is illegal under UK law, advancements in AI image and video capabilities present a growing challenge.
The new legislation aims to strengthen the existing law to ensure children are better protected and to prevent the AI generation of child sexual abuse material. Under the new legislation developers and child protection organisations will analyse AI models to ensure the safeguards can be robustly tested from the outset, preventing them from generating indecent images and videos of children.
Helen Holder, a Partner at KANGS, explains the Government’s proposed legislation on AI generated child sexual abuse material and highlights key offences and recent case law.
Contents
What is a Pseudo-Photograph or Image?
The Home Office website defines a pseudo-photograph as “an image made by computer graphics or otherwise which appears to be a photograph.” This also includes videos, tracings and ‘data that can be converted into a photograph.’
If the impression conveyed by a pseudo-photograph is that the person shown is a child, it shall be treated for all purposes as showing a child. This also applies where a pseudo- photograph provides the predominant impression that the person shown is a child, notwithstanding that some of the physical characteristics shown are those of an adult.
The Current Legislation | The Protection of Children Act 1978
The Protection of Children Act 1978 (‘the Act’) provides as follows.
1. Indecent photographs of children.
It is an offence for a person to:
- take, or permit to be taken, or to make any indecent photograph or pseudo-photograph of a child or
- distribute or show such indecent photographs or pseudo-photographs or
- to have in possession such indecent photographs or pseudo-photographs with a view to their being distributed or shown by himself or others or
- to publish, or cause to be published, any advertisement likely to be understood as conveying that the advertiser distributes, displays, or intends to distribute or display or shows such indecent photographs or pseudo-photographs, or intends to do so.
The Rise of AI Generated Pseudo Images
The Internet Watch Foundation, a hotline dedicated to finding and removing child sexual abuse material from the internet, processed 245 reports in 2024 which contained actionable AI generated images of child sexual abuse.
The reports:
- revealed a 380% increase on 2023 where 51 contained AI imagery,
- comprised 7,644 images and a small number of videos, reflecting the volume of illegal imagery that can be found on websites,
comprised Category A images, which involved penetrative sexual activity, Category B images, which involved non penetrative sexual activity and Category C images, which do not fall within Category A or B.
Case Law
Hugh Nelson [2024]
Nelson, from Bolton, pleaded guilty to several charges including the production, distribution and possession of indecent images of children.
It was discovered that Nelson was utilising a computer programme with an AI face-transformation function, which had the ability to turn normal photographs of real children into indecent child sexual abuse material.
The individuals to whom he sold the abusive material were fathers, uncles, family members or neighbours of victims, who regularly provided him with photos, such as those taken at school or on holiday. He then turned these photographs into indecent child abuse imagery which he sold across various chat rooms on the internet.
On 28th October 2024, Nelson was sentenced to eighteen years in prison with an additional six years on extended licence. He also received an indefinite Sexual Harm Prevention Order and will be subject to notification requirements.
Thomas Rowley [2025]
Rowley was found to have in excess of one thousand nine hundred images on his computer and phone, including hundreds of Category A pictures showing the most severe kinds of abuse.
Amongst the images were AI generated images created by Rowley’s prompts.
He received a fifteen-month prison term which was suspended for two years.
PC Summer Smith, from the force’s Public Protection Unit said:
“This depraved act involving the use of AI is treated just as severely as using actual photographs.
Offenders who are thinking of engaging with this type of activity will be caught and face the full consequences of their actions.”
Potential Defences for Possession of Pseudo-Photographs
Where a person is charged with an offence under the Protection of Children Act 1978, it shall be a valid defence for him to prove that:
- he had a legitimate reason for distributing or showing the photographs or pseudo-photographs or having them in his possession or
- he had not himself seen the photographs or pseudo-photographs and did not know, nor had any cause to suspect them to be indecent.
Proposed New Legislation
The Home Office announced on 2nd February 2025 the Government’s proposals to:
Make it illegal to possess, create or distribute AI tools designed to generate child sexual abuse material (CSAM). The offence will be punishable by up to 5 years in prison.
- Make it illegal for anyone to possess AI ‘paedophile manuals’ which teach people how to use AI to sexually abuse children. The offence will be punishable by up to 3 years in prison.
- Introduce a specific offence for predators who run websites designed for other paedophiles to share child sexual abuse content or advice on how to groom children. The offence will be punishable by up to 10 years in prison.
- Give Border Force the necessary powers to keep the UK safe and prevent the distribution of CSAM, which is often filmed abroad, by allowing officers to compel an individual, whom they reasonably suspect poses a sexual risk to children, to unlock their digital devices for inspection. The offence will be punishable by up to 3 years in prison.
On 12th November 2025, the Home Office further announced that designated bodies like AI developers and child protection organisations will be empowered to scrutinise AI models and ensure safeguards are in place to prevent them generating or proliferating child sexual abuse material, including indecent images and videos of children.
Official Comment
Technology Secretary Liz Kendall said:
“We will not allow technological advancement to outpace our ability to keep children safe.
These new laws will ensure AI systems can be made safe at the source, preventing vulnerabilities that could put children at risk.
By empowering trusted organisations to scrutinise their AI models, we are ensuring child safety is designed into AI systems, not bolted on as an afterthought.”
How We Can Assist You?
KANGS possesses over twenty-five years of expertise and practical experience advising and defending clients facing allegations of sexual offences.
If you are facing allegations or have been charged with the possession, distribution or making of indecent images or pseudo-photographs, it is vital that you fully understand your rights and that your case is handled with due process. We regularly represent individuals during police interview, whether they have been arrested and taken to the police station, or have been asked to attend a voluntary police interview.
Our solicitors work diligently to mitigate the impact that allegations of this nature may have on your personal and professional life. We work with specialists to identify and present evidence that supports your case. Should your case go to court, you can be assured that our solicitors will provide tailored, strategic and robust representation in court.
Our team stays informed of the frequent changes in the law and provides our clients with clear and confidential guidance based on the latest legislation. If you require assistance, please do not hesitate to contact us using the details below.
Tel: 0333 370 4333
Email: info@kangssolicitors.co.uk
We provide initial no obligation discussion at our three offices in London, Birmingham, and Manchester. Alternatively, discussions can be held through video conferencing or telephone.
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