The rapid advancement of Artificial Intelligence (AI) has revolutionized various sectors, bringing transformative changes in healthcare, education, and security. However, it has also introduced new digital threats, particularly in the realm of online child exploitation. One of the most concerning developments is the rise of AI-generated Child Sexual Abuse Material (CSAM). The International AI Safety Report 2025, released by the British government's Department for Science, Innovation, and Technology, along with the AI Security Institute, highlights the risks associated with AI tools capable of generating CSAM. This alarming trend has prompted the UK to introduce groundbreaking legislation that criminalizes not only the creation and distribution of such content but also the possession of AI tools used for generating it.

This shift represents a crucial change in legal approach, moving from an accused-centric and act-centric model to a tool-centric one. As AI-generated content becomes increasingly indistinguishable from real images and videos, addressing this issue demands urgent legislative interventions on a global scale.

Understanding CSAM and the Role of AI

Child Sexual Abuse Material (CSAM) refers to any content—images, videos, or audio—that depicts sexually explicit material involving minors. Traditionally, such content was created through direct exploitation of children, but AI has now made it possible to generate synthetic yet highly realistic CSAM, complicating detection and law enforcement efforts. Reports from the World Economic Forum (2023) and the Internet Watch Foundation (October 2024) highlight the growing presence of CSAM across both the open web and dark web. These studies warn that AI has the potential to create lifelike images of children, further fueling the spread of such material while bypassing traditional detection methods.

A major challenge posed by AI-generated CSAM is its legal and ethical ambiguity. Since these images do not feature real children, traditional laws addressing child pornography may not apply. However, the psychological and societal impact remains just as harmful, as it normalizes child abuse, fuels demand for exploitative material, and poses significant risks to child safety.

The UK’s Legislative Response

In response to these concerns, the UK is set to implement stringent laws that criminalize the possession, creation, and dissemination of AI-generated CSAM tools. Additionally, it has banned paedophile manuals, which guide offenders on using AI for CSAM creation. By focusing on the tools used for exploitation rather than just the perpetrators and victims, the law aims to prevent these crimes at an early stage.

This shift is significant for several reasons. A tool-centric approach allows authorities to intervene before harm occurs, preventing potential offenders from accessing dangerous AI capabilities. It also acknowledges the psychological harm inflicted by CSAM, whether AI-generated or real, as such content perpetuates the sexualization and objectification of minors. Most importantly, it fills a critical legal gap, ensuring that laws remain relevant in the face of evolving AI technologies.

India’s Current Legal Framework and Gaps

While India has taken steps to combat child sexual abuse, its existing laws do not explicitly address AI-generated CSAM, leaving room for exploitation.

• The Information Technology (IT) Act, 2000, under Section 67B, prohibits the publication and transmission of sexually explicit content involving minors.
• The Protection of Children from Sexual Offences (POCSO) Act, 2012, under Sections 13, 14, and 15, criminalizes the creation, storage, and use of child pornography.
• The Bharatiya Nyaya Sanhita (BNS), 2023, under Sections 294 and 295, penalizes the sale and distribution of obscene materials, including those involving minors.

Despite these legal provisions, AI-generated CSAM remains a gray area, as current laws do not criminalize synthetic content that does not involve real children. Additionally, AI tool developers and distributors remain unregulated under existing child protection laws. The narrow terminology used in legal texts further limits enforcement.

The Need for Policy Reforms in India

To effectively counter AI-generated CSAM, India must urgently reform its legal framework.

• The POCSO Act should replace the term “child pornography” with “CSAM”, ensuring broader legal coverage.
• The IT Act should clearly define AI-generated sexually explicit content under Section 67B, preventing legal ambiguity.
• The Digital India Act, 2023, should adopt AI-specific provisions, criminalizing the development, possession, and use of AI tools for CSAM creation, similar to the UK’s model.
• Expanding the definition of intermediaries under the IT Act to include VPNs, Virtual Private Servers (VPS), and Cloud Services, which facilitate CSAM distribution.
• India should align its policies with global standards by adopting the UN Draft Convention on Countering the Use of ICT for Criminal Purposes, enhancing international cooperation.

India’s Initiatives on Online Child Safety

India has taken steps to address online child safety through institutional frameworks such as:

• National Cyber Crime Reporting Portal (NCRP): Allows individuals to report CSAM-related offenses.
• Indian Cyber Crime Coordination Centre (I4C): Coordinates law enforcement efforts on cybercrime.
• MoU with the National Center for Missing & Exploited Children (NCMEC, USA): Facilitates international intelligence-sharing.

Despite these measures, enforcement remains a challenge. AI-generated CSAM often goes unreported, as victims may be unaware that their images have been manipulated using AI. Moreover, public awareness about deepfake threats remains low, limiting proactive interventions.

Strategies to Prevent AI-Generated CSAM

• Strengthening Legislation and Enforcement: Updating laws to criminalize AI-generated child exploitation content and ensuring stricter legal consequences for perpetrators.
• Global Collaboration: Enhancing cooperation with international agencies like INTERPOL and the FBI to track and dismantle cross-border CSAM networks.
• Public Awareness Campaigns: Launching digital literacy programs to educate children, parents, and educators about AI threats and online safety measures.
• Accountability for Tech Companies: Mandating stronger content moderation policies on major digital platforms, ensuring AI-based detection systems can identify and remove CSAM effectively.
• Improving Data Collection and Research: Conducting real-time analysis of AI-driven CSAM trends to develop evidence-based policy interventions.

Conclusion

The emergence of AI-generated CSAM poses a serious challenge to global child protection efforts. While the UK has taken decisive action, India must urgently reform its legal framework to close existing gaps. Expanding legal definitions, strengthening law enforcement, fostering global cooperation, and promoting digital literacy will be essential to combating this growing threat.

As AI continues to evolve, governments, technology firms, and civil society must work together to ensure that the digital world remains a safe space for children. Protecting minors from AI-enabled exploitation is not just a legal necessity but a moral imperative, requiring immediate, coordinated, and sustained action.