Another example of the advance of technology and how the Law is catching up is the area of “deep fakes” and Sexual Harm Prevention Orders (SHPOs). It is now possible for a sentencing court to ban an individual from using Artificial Intelligence (AI) generating tools which could be used to create offending images.
Mr Anthony Dover, as part of his sentence at Poole Magistrates Court in February 2024, was banned from using AI generating tools which can make “life like” pictures and graphic “deep fake” images without prior permission by the Police.
The concern is offenders using AI to make realistic child sexual abuse images, and pseudo-photographs.
It has been common for SHPOs to prevent or limit access to the Internet and Internet enabling devices, but it is now possible to limit access to AI enabling technology. It is expected that organisations such as the Crown Prosecution Service as well as defence law firms will be keeping such advances under review so that sentencing can evolve accordingly.
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