Inteligencia Artificial Productor de Pornografía Infantil Sintética: Desafíos Jurídicos – Protección de los Menores en Colombia

Abstract

In recent times, the rapid advancement of artificial intelligence (particularly technologies such as deepfakes) has opened up opportunities in various areas, but it has also given rise to new forms of digital violence. One of the most significant is synthetic child pornography, which digitally manipulates images to simulate sexual scenes involving minors, even though there is no physical or real contact. This seemingly fictional practice violates the dignity and fundamental rights of minors. In Colombia, the current regulatory framework prohibits traditional child pornography, but does not expressly address representations created by AI. As a result, there is a regulatory gap that presents difficulties for legal action, limiting and hindering state prevention of minors. Furthermore, this lag compromises the international commitments that the country has made, such as the Optional Protocol to the Convention on the Rights of the Child, which obliges the signatory to adopt effective measures against forms of sexual exploitation. Finally, this research aims to formulate regulatory proposals that consider the crime of synthetic pornography in an autonomous manner. Clear definitions, procedural routes, and technical criteria are proposed to enable its punishment.