Manipulerat intimt material – Straffrättsliga utmaningar i ljuset av AI-genererad pornografi och COM(2022) 105 final

Sammanfattning: In 2014, eight researchers presented a new framework for artificial intelligence in which two neural networks collaborate to produce manipulated, realistic material. While this technology has contributed to valuable research advancements, it can also be used for the production of manipulated intimate material. With use of this technological innovation, new methods for users to create realistic pornographic content without the consent of the depicted individuals emerge. In 2022, COM(2022) 105 final was originally presented, proposing an EU directive that, among other things, criminalizes the production and distribution of manipulated intimate material. The initiative aims to prevent and combat gender-based violence and violence in close relationships, as well as to increase the possibilities of protecting victims and prosecuting perpetrators in this field. This work aims to investigate the possibilities under Swedish criminal law for prosecuting the production and distribution of manipulated intimate material. It also aims to evaluate the current protection provided by Swedish criminal law against violations of sexual integrity through manipulated intimate material. Additionally, the work aims to assess the potential harmonization of the criminalization according to the proposal in relation to the potential need for criminal law reform. The investigation finds that there is a need for direct legal measures to provide an adequate response to these violations. According to current Swedish criminal law, neither the production nor the distribution of such material is directly criminalized, however there is some room for interpretation with regards to some of the named offenses. Based on the theoretical perspectives, this solution is considered fragmented and reactive. Similarly, and for the same reason, the proposal’s goal of a comprehensive set of regulations to combat violence is not fulfilled. Therefore, the investigation concludes that Swedish criminal law does not provide necessary protection for sexual integrity, both via analysis of the theoretical perspectives and in relation to the proposal’s goals and suggested provision. Moreover, it is also concluded that the proposed directive is unlikely to provide the necessary protection for some aspects of the violation, as it suggests that the criminality of the production is dependent on the distribution of the material.