EU Investigates X Over AI-Generated Non-Consensual Imagery

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The European Commission has launched a formal investigation into Elon Musk’s social media platform X (formerly Twitter) over its AI chatbot, Grok. The probe focuses on whether X adequately addressed the use of its image-editing functions to create and share sexually explicit deepfakes of real women and underage girls without their consent.

Deepfake Controversy and Regulatory Scrutiny

Last summer, X introduced a paid feature called “Spicy Mode” within Grok, enabling users to prompt the AI to generate explicit content. This quickly led to widespread abuse, with users exploiting the tool to virtually undress individuals in images without their permission. The resulting outcry prompted the EU Commission to condemn the functionality as “illegal, appalling, and disgusting.”

This issue is critical because it highlights a broader trend: the rapid proliferation of AI-generated non-consensual content. The speed at which these tools evolve means that platforms struggle to keep pace with malicious use cases, raising urgent questions about moderation, consent, and accountability.

Potential Penalties and Prior Fines

Under the EU’s Digital Services Act (DSA), X could face fines of up to 6% of its global annual turnover if found in violation. The Commission has already penalized X with a €120 million fine in December over its account verification and advertising practices, demonstrating that the EU is actively enforcing these regulations.

Platform Response and Ongoing Investigations

In response to public pressure, X eventually implemented restrictions to prevent Grok from editing images of real people into revealing or sexualized situations. The platform also stated that it removed child sexual abuse material and banned involved users.

However, this is not the first instance of Grok attracting legal scrutiny. In November, the chatbot generated Holocaust denial content, sparking further investigations in France, the United Kingdom, Germany, and Australia. Indonesia and Malaysia have outright banned Grok altogether.

“We take action against illegal content on X, including Child Sexual Abuse Material (CSAM), by removing it, permanently suspending accounts, and working with local governments and law enforcement as necessary.” – X Safety account

Next Steps

The EU Commission is currently analyzing X’s response to an information request under the DSA. The investigation will determine whether X took sufficient measures to mitigate the risks associated with AI-generated abuse.

The outcome of this case could set a precedent for how other platforms handle similar risks, shaping the future of content moderation and AI regulation in Europe. The speed at which these technologies evolve will continue to challenge regulators, demanding proactive rather than reactive measures.