So the actual context of this is a long-standing feud between Meta and our elected representatives (and some prominent media figures) regarding social engineering scam ads.
You've probably seen some variant of it - a 1:1 copy of a reputable newsoutlet - in this case The Irish Independent, The Irish Times, RTÉ or Newstalk - with a purported video from our Prime Minister or similar which leads to a crypto-trading or forex-trading sales funnel. Simon Harris, our previous Head of State, was inundated with variants of the same script:
“In the nation’s best interests, we’ve carried out a full investigation to make sure it’s not a scam,” the AI-generated Harris appears to say in the scam ad shown on YouTube.
“This is your chance to change your life. All it takes is one small step: invest €250 and start earning today,” the deepfaked figure tells a press conference.
Except they don't - enforcement is circumvented by psuedo-anonymous users pushing illegal ad campaigns that revert back to inoffensive content or a similar cop-out by the time Meta/X responds to the report
> knowingly uses or infringes upon the use of and publishes ... an individual’s name, photograph ... without the individual’s prior consent ... and being reckless as to whether or not harm is caused to, the other person.
> [harm occurs when someone] seriously interferes with
the other person’s peace and privacy or causes alarm or distress to the other
person
This seems very widely worded. A newspaper publishing the name/image of a suspected criminal is definitely "publishing an individuals name, photograph", without their consent, and can quite clearly cause alarm or distress.
Without some exemption clauses added, this bill seems to basically ban using anyone's name/photograph/likeness in ANY context that criticises them; it will almost certainly conflict with ECHR's Article 10 on freedom of expression.
However(!!) with a few exemptions it can be made much better. Even tying it to AI generated photos/voice/etc would help - most _genuine_ criticism and reporting can go without the use of AI, but a lot of the intentional harm and sexual harassment did not occur before AI. If they don't want to do that, adding some form of "exemption if the information was used in a non-libellous context" could also work.
Your selective quoting is extremely misleading. The first section about publishing a name/photograph only applies in the context of "for purposes of advertising products, events, political activities, merchandise, goods, or services or for purposes of fundraising, solicitation of donations, purchases of products, merchandise, goods, or services or to influence elections or referenda." i.e. it's illegal to pretend someone is endorsing something they are not.
Your snipping is making it look broader than it is: you can’t misrepresent someone as being supportive of your product or cause, and you can’t distribute software that makes, or make yourself, likenesses of other people without their prior consent.
It doesn’t constrain what you do in contexts other than where you use someone’s likeness to misrepresent their position.
So if I draw a caricature of a politician in Illustrator, then Adobe goes to prison?
What if I draw a caricature of my own friends, in Illustrator, without first getting their consent? Does Adobe go to prison?
What if I captioned my illustration with my friend saying "It's my round!" (which is misrepresenting their position because it's never their bloody round), would Adobe go to prison then?
> Your snipping is making it look broader than it is: you can’t misrepresent someone as being supportive of your product or cause, and you can’t distribute software that makes, or make yourself, likenesses of other people without their prior consent.
This sounds like it would effectively ban photography in public places. Or at least ban the manufacture/sale of cameras or software that takes photos.
Any time you are reading a law, especially one from another jurisdiction, you have to be very careful to consider that there may be terms with a legal or common law definition that you don't understand. In this case, "reckless" seems to be a well defined term with a fair amount of case law behind it. To my untrained eye it seems like a newspaper would be well within their rights to publish harmful information as long as they avoid "a conscious disregard of a substantial and unjustifiable risk".
A newspaper publishing the name/image of a suspected criminal is definitely "publishing an individuals name, photograph", without their consent, and can quite clearly cause alarm or distress
If the suspected criminal isn't a public figure, it's a good thing, isn't it?
> A newspaper publishing the name/image of a suspected criminal is definitely "publishing an individuals name, photograph", without their consent, and can quite clearly cause alarm or distress.
Cherrypicking your example:
Newspapers shouldn’t publish names or images of suspects, so to me this specific example would be a very good thing.
Not sure (IANAL) but I think in my country this is illegal already
Otherwise I agree that it’s very ambitious wording
> Cherrypicking your example: Newspapers shouldn’t publish names or images of suspects, so to me this specific example would be a very good thing. Not sure (IANAL) but I think in my country this is illegal already
Why shouldn't they? Why shouldn't the government have to publicize the names and identities of people they arrest so we know they're not doing so illegitimately?
Publishing the name of someone arrested and then later released without charge could constitute harm to them, even if you make it theoretically illegal to discriminate against them on that basis.
Publishing a name and publishing a likeness is very different.
Especially if the person arrested is accused of immoral acts. In my country we have a very known story from 25 years ago where 18 persons were accused of being pedocriminals. Their faces blasted everywhere, on first page of most journals, on the TV... It turns out 13 of them weren't guilty at all. Issues with psychological pressure on the children and a lot of mistakes made life hell for the accused and ultimately innocent, people, most of them lost part of their life because of that.
It's definitely a damned if you do and damned if you don't situation. Lots of people have had their reputations ruined by accusations that turned out to be false but people made judgements based on the initial report and then moved on with their life carrying it as fact.
I think there's a difference between the government doing it and the newspaper.
The newspaper can cherry pick who they post about, and spin it however they want. The government should be posting all of them in the same way, with just the facts.
"Ireland fast tracks Bill to criminalise harmful voice or image misuse" - now that's some strange capitalis/zation in that headline. I'm Ok with title case, but randomly capitalising just one word in a title looks strange. Or is this something specifically Irish?
I can't speak for Ireland, but in the UK it is quite common to refer to a Bill (before it has passed) or an Act (when it is passed) with a capital letter, rightly or wrongly, because its name would be capitalised (in this case The Protection of Voice and Image Bill, with Bill replaced by Act once it has become law).
It is also a capitalised term within the text of the law itself.
This is a good way to regulate this. Criminalize people who abuse AI tools to cause harm. Don't try to impose censorship or mass-surveillance on AI tools. I oppose all pornography, but censoring nudity from a model both compromises the model's quality (example: SD3) and stops legitimate artistic value.
Though the framing on Grok is highly duplicitous. It is against the ToS, and it's about a few abusers among millions of legitimate users. Meanwhile there are actual "nudification" services which advertise themselves entirely to enable this kind of abuse.
And under which jurisdiction is this going to be prosecuted? So some random Nazi on Twitter makes CSAM of an Irish actress - is Musk going to comply with the subpoena to help the Irish authorities find the user? He’s already said he won’t be punishing users for ‘free speech’ as he defines it.. so then what?
The images would be published by Grok, which is part of Twitter. They are responsible for what they themselves publish. Hence Twitter is the obvious choice of where to direct the subpoena.
How does the law distinguish itself from anti-harassment laws?
I recall a old lawsuit (not sure which country) where a student had photoshopped a nude body onto a picture of their teacher and given it to other students. The main question in the case was if this qualified as sexual harassment, even if the teacher in question never received the image. I don't remember the outcome, through I think they were found guilty.
The cynic in me assumes its a way of establishing criminal liability on social media platforms for deepfakes impacting politicians credibility - striking while the Grok is still hot as it were.
I think YouTube and meta (Instagram and Facebook) will be hit as hard, or even harder, because of the numbers of scam ads using likeness. It will make them liable from publishing scam ads (which, to be clear, should already be in the DMA)
Ireland is just a copy of the UK, except it's a tax haven and a trojan horse of the EU. They have the same age requirement regulation online as the UK.
• There is ongoing discussion in the Irish parliament and policy circles about setting a digital age of consent or minimum age (e.g. 16) for social media access. This debate is driven by concern over youth wellbeing, although no formal law has yet been enacted.
The UK is considering an injunction to have Grok and potentially X banned until this issue is resolved.
I'm no huge fan of state intervention, particularly my state which is notoriously over zealous, prudish, and subtly authoritarian. The sweeping changes were seeing in the UK are somewhat reminiscent of the old "First they came for the trade unionists" poem, and there certainly has been many of us speaking out against the attacks on freedom to protest and expression here.
However, when you swap out trade unionists for "People comitting sexual harassment", "Paedophiles", and "Billionaires", Im somewhat more inclined to side with the government on this. Were already way down the slippery slope, at least some genuinely bad actors are catching some flak this time I guess.
You've probably seen some variant of it - a 1:1 copy of a reputable newsoutlet - in this case The Irish Independent, The Irish Times, RTÉ or Newstalk - with a purported video from our Prime Minister or similar which leads to a crypto-trading or forex-trading sales funnel. Simon Harris, our previous Head of State, was inundated with variants of the same script:
“In the nation’s best interests, we’ve carried out a full investigation to make sure it’s not a scam,” the AI-generated Harris appears to say in the scam ad shown on YouTube.
“This is your chance to change your life. All it takes is one small step: invest €250 and start earning today,” the deepfaked figure tells a press conference.
https://www.thejournal.ie/facetcheck-debunk-ai-scam-ad-deepf...
https://www.newstalk.com/news/social-media-platforms-see-sur...
https://www.independent.ie/irish-news/despicable-simon-harri...
https://www.reddit.com/r/irishpolitics/comments/1i1shz3/anyo...
> [harm occurs when someone] seriously interferes with the other person’s peace and privacy or causes alarm or distress to the other person
This seems very widely worded. A newspaper publishing the name/image of a suspected criminal is definitely "publishing an individuals name, photograph", without their consent, and can quite clearly cause alarm or distress.
Without some exemption clauses added, this bill seems to basically ban using anyone's name/photograph/likeness in ANY context that criticises them; it will almost certainly conflict with ECHR's Article 10 on freedom of expression. However(!!) with a few exemptions it can be made much better. Even tying it to AI generated photos/voice/etc would help - most _genuine_ criticism and reporting can go without the use of AI, but a lot of the intentional harm and sexual harassment did not occur before AI. If they don't want to do that, adding some form of "exemption if the information was used in a non-libellous context" could also work.
Your selective quoting is extremely misleading. The first section about publishing a name/photograph only applies in the context of "for purposes of advertising products, events, political activities, merchandise, goods, or services or for purposes of fundraising, solicitation of donations, purchases of products, merchandise, goods, or services or to influence elections or referenda." i.e. it's illegal to pretend someone is endorsing something they are not.
It doesn’t constrain what you do in contexts other than where you use someone’s likeness to misrepresent their position.
The harms are restricted to the scope above.
What if I draw a caricature of my own friends, in Illustrator, without first getting their consent? Does Adobe go to prison?
What if I captioned my illustration with my friend saying "It's my round!" (which is misrepresenting their position because it's never their bloody round), would Adobe go to prison then?
This sounds like it would effectively ban photography in public places. Or at least ban the manufacture/sale of cameras or software that takes photos.
https://www.studocu.com/en-ie/document/university-college-du...
If the suspected criminal isn't a public figure, it's a good thing, isn't it?
Cherrypicking your example: Newspapers shouldn’t publish names or images of suspects, so to me this specific example would be a very good thing. Not sure (IANAL) but I think in my country this is illegal already
Otherwise I agree that it’s very ambitious wording
Why shouldn't they? Why shouldn't the government have to publicize the names and identities of people they arrest so we know they're not doing so illegitimately?
The US use of mugshots is exploitative.
Especially if the person arrested is accused of immoral acts. In my country we have a very known story from 25 years ago where 18 persons were accused of being pedocriminals. Their faces blasted everywhere, on first page of most journals, on the TV... It turns out 13 of them weren't guilty at all. Issues with psychological pressure on the children and a lot of mistakes made life hell for the accused and ultimately innocent, people, most of them lost part of their life because of that.
The newspaper can cherry pick who they post about, and spin it however they want. The government should be posting all of them in the same way, with just the facts.
It is also a capitalised term within the text of the law itself.
Though the framing on Grok is highly duplicitous. It is against the ToS, and it's about a few abusers among millions of legitimate users. Meanwhile there are actual "nudification" services which advertise themselves entirely to enable this kind of abuse.
So much vagueness in misuse yet so much impact with consequences. This bill is being speedlined. And it seems to hurt everyone at the same time.
Better to bring a bill with specific limitations and prohibitions that is complete with treatment, consequences, prosecutions, and appeals.
Then that bill can be extended to other prohibited actions as they become apparent
I recall a old lawsuit (not sure which country) where a student had photoshopped a nude body onto a picture of their teacher and given it to other students. The main question in the case was if this qualified as sexual harassment, even if the teacher in question never received the image. I don't remember the outcome, through I think they were found guilty.
• There is ongoing discussion in the Irish parliament and policy circles about setting a digital age of consent or minimum age (e.g. 16) for social media access. This debate is driven by concern over youth wellbeing, although no formal law has yet been enacted.
https://avpassociation.com/ireland/
Poor Bill, what did he do to deserve this?
So, how's that going to work out with Indian, Pakistani, North Korean, or similar locations using voice spoofing?
Thats right. None.
I'm no huge fan of state intervention, particularly my state which is notoriously over zealous, prudish, and subtly authoritarian. The sweeping changes were seeing in the UK are somewhat reminiscent of the old "First they came for the trade unionists" poem, and there certainly has been many of us speaking out against the attacks on freedom to protest and expression here.
However, when you swap out trade unionists for "People comitting sexual harassment", "Paedophiles", and "Billionaires", Im somewhat more inclined to side with the government on this. Were already way down the slippery slope, at least some genuinely bad actors are catching some flak this time I guess.