As AI-driven exploitation escalates, what legal actions can be taken and who is responsible for policing it?

Ronan Lupton, Senior Counsel specialising in data protection, AI, privacy, and media, discussed the legal challenges posed by AI-driven exploitation on social media platforms.

This includes the use of Grok AI, which allows users to manipulate images, including sexualizing or even nudifying photos of women and children.

"People are taking innocuous images of public figures, children, or regular people, and using AI to undress them or pose them in sexualized ways. It's a form of exploitation that’s evolving in real-time," he told The Anton Savage Show.

 So, what legalities exists, and what more is needed?

The current legal framework

When asked about the legal tools available, Lupton pointed to Europe's Digital Services Act (DSA), which gives regulators the power to take action against harmful content.

"We do have legislative instruments in place, but the question is enforcement," he said.

According to Lupton, regulators are empowered to take action against AI misuse, but action has been slow.

"We’ve seen regulators in action before," Lupton continued, looking at the example of Ireland’s Helen Dixon, who blocked the Threads app due to data privacy concerns.

"The challenge with Grok is the wholesale changes Musk made to X. The trust is gone, and the platform is becoming a breeding ground for harmful content."

What can be done?

Lupton believes there is enough evidence to act immediately.

"Regulators could enforce interim measures, like disabling Grok’s ability to modify images," he said.

"If X doesn't comply, they could take down the platform temporarily. The abuse is clear; the time to act is now."

A split-screen of Elon Musk’s X account and Elon Musk.

But, Lupton noted, there’s pushback from those who argue that this is taking away from "free speech."

"When a child can be exposed to sexualized content within minutes of opening the app, that's not free speech, it's a safety issue," he told the show.

Need for legislative reform

For Lupton, the legal framework must evolve to reflect the challenges of AI and social media.

He pointed to Senator McDougal’s 2007 privacy bill as a potential model for protecting image rights in the digital age.

"We need privacy protections that address AI misuse and online exploitation. It’s time for lawmakers to update the law," Lupton said.

Lupton stressed that both the EU and U.S. have the legal tools to act, but political hesitation remains.

"We’ve seen the EU act quickly in other areas, like banning Russian media. Why can’t they do the same for AI exploitation?" he asked.

He also referenced Section 230 in the U.S., which protects platforms from liability for user content.

"Until platforms are treated like publishers, they’ll continue to avoid responsibility for harmful content," he added