Dutch regulators, the Dutch Police, and the Dutch Public Prosecution Service welcome a European ban on ‘AI nudify apps and websites’

The Netherlands Authority for Consumers and Markets (ACM), the Netherlands Authority for the Prevention of Online Terrorist Content and Child Pornography (ATKM), the Dutch Data Protection Authority (AP), the Dutch Media Authority (CvdM), the Dutch Public Prosecution Service (OM), and the Dutch Police have expressed their firm support for a European ban on ‘nudify tools’. These are apps and websites with which individuals in pictures can be digitally ‘undressed’. These images are often used for blackmailing or extorting victims, or for forcing them to send explicit pictures of themselves. The organizations wish to sit down with the ministries involved, and discuss how a European ban can be implemented as soon as possible in the Netherlands, after which immediate and effective enforcement action can be taken. The organizations continue to be committed to fighting these tools on the basis of streamlined oversight.

Manon Leijten, Member of the Board of ACM, explains: “Tools with which people are able to make AI-generated nude images of other individuals are extremely harmful. Such tools make it possible to make innocent victims very easily. ACM welcomes the ban. In addition, close cooperation between regulators, the police, and the Dutch Public Prosecution Service is indispensable in combating this phenomenon effectively, even if a ban does come into effect at some point. The Digital Regulation Cooperation Platform, more specifically the DSA Chamber, plays a crucial role in that context by bundling knowledge, reports, and interventions, and, in that way, enhancing our joint strength.”

All the organizations involved have major concerns about the rapid rise of nudify tools due to the serious impact they have on victims. That is why, over the past few months, they have jointly examined how such tools can be dealt with using their existing powers. In that context, all statutory options have been explored. Current legislation makes it primarily possible to take action against individual offenders that create and distribute explicit images. This does not offer a permanent solution to the underlying problem. There are insufficient options for taking action against the tools themselves. That is why the organizations involved are major proponents of legislation that explicitly prohibits nudify tools, and they support the direction of the planned ban on AI tools in the EU’s AI regulation, about which discussions are still ongoing in Europe. However, for legislation to be effective, it is necessary to ban these tools completely, even in those cases where the depicted individuals may have consented to the creation of those images. In the meantime, the Dutch regulators, the Dutch Police, and the Dutch Public Prosecution Service (OM) will naturally take their responsibility by exercising the enforcement options they have within the current framework, and by working closely together in those efforts.

Enforcement action on the basis of streamlined oversight

In anticipation of the introduction of a general ban, the regulators, the Dutch Police, and the Dutch Public Prosecution Service (OM) will use the tools they currently have in order to mitigate as much as possible the harm caused by nudify tools. They will continue to handle individual reports, and will assess how they can get the most out of the existing legislative framework. In that context, they will streamline their approaches, for example, by exchanging information and by discussing joint cases. By working together more closely, they will prevent unnecessary gaps in oversight, and they will be able to strengthen each other in their regulatory efforts.

Current legislative framework

It is punishable by law to create and distribute nude images (fake or otherwise), created with the use of nudify tools, of individuals without their consent. If such images depict minors, it can even be considered the creation and distribution of child pornography. The law seems to offer opportunities to take action against the developers of such tools, particularly in the case of child pornography. A ban on nudify tools themselves will enable regulators to take effective action against the root of the problem.

Education

In addition, the organizations involved will explore the opportunities for enhancing digital awareness and resilience among minors and young adults, for example through targeted communications. They see that nudify tools are also used by minors for creating and distributing explicit images of other minors. It is important that this target group is aware of the fact that this is punishable by law. At the same time, all organizations involved emphasize that their approach must, first and foremost, target the individuals and businesses that offer and distribute these tools, since that is where the heart of the problem lies.

A call on victims

The joint regulators, the Dutch Police, and the Dutch Public Prosecution Service (OM) call on victims to file reports. Reports are needed in order to be able to take enforcement action, and they help paint a better picture of where and how often things go wrong. For practical aid and support, victims can contact expertise center for online abuse Offlimits (including for help with requests for removal) or the Sexual Assault Center (in Dutch: Centrum Seksueel Geweld). In addition, victims are able to file complaints with the Dutch Data Protection Authority (AP) in connection with privacy-law violations. If a platform fails to respond in a timely manner (or fails to do so at all) to a request for removing images, a report can be filed with ACM. Also, reports can be filed with the police.

This joint press release was created following a meeting of the DSA Chamber (in Dutch: DSA Kamer) of the Digital Regulation Cooperation Platform (in Dutch: Samenwerkingsplatform Digitale Toezichthouders, or SDT). The SDT is a collaboration between Dutch regulators that are active in the digital domain. They coordinate their oversight efforts, and they exchange knowledge, since digital services and platforms often fall under multiple regulatory jurisdictions.