A.I. vs. The Law

By Jamir Stevens

Artificial intelligence has been used in the creation and distribution of imagery, video and other forms of media. Whilst this can be seen as a positive tool to use within entertainment, education or at work, it can be used to create false images of real people. These images can be depicted so realistic that it can be difficult to distinguish if it’s a real image or a computer generated image. As a result, new laws have been introduced to help combat the issue. An example is the new laws introduced in Texas. A bill was introduced to expand the laws surrounding certain AI-generated intimate images; this bill became effective on September 1st 2025 (Texas SB 441).

Before the introduction of these new laws there was no clear guidance on how to treat AI-generated imagery. Traditional laws had been written to protect real individuals in imagery, video and other forms of media. However, AI has caused a new problem due to producing realistic imagery of someone. The bill defines “artificial intimate visual material” as “computer-generated material created using artificial intelligence or computer software that could make an individual identifiable and appear to be them.” (Texas SB 441).

An important point of the law is that if you create, solicit, distribute or promote artificial intimate visual material without consent of the individual, you can be held liable if you intend to cause harm (Texas SB 441). This means people can claim damages if they have been used in harmful AI-generated material without their consent.

The law also imposes some responsibilities onto websites and applications. If a website or application knowingly or recklessly disregards the fact that the individual didn’t consent to the creation or disclosure of the imagery then they can be held liable (Texas SB 441). This is important as AI-generated material can be shared quickly online making it difficult to control where it is placed.

A big aspect of the law is the removal of the material. If an individual requests that a website or application removes artificial intimate visual material then they will need to confirm that they have received the request within 24 hours. They will also need to remove the material within 72 hours under the conditions in the law. Websites will need to have a system in place for people to easily request removal of material and keep track of its status (Texas SB 441). This will give victims a clearer process to get harmful material taken down.

This act also helps preserve the privacy of those involved in litigation. In some circumstances individuals can remain anonymous within the courts (Texas SB 441). This is an important aspect that helps individuals who have been affected by AI generated material to keep their personal information private.

However, there are issues which can arise with the regulation of AI. Not all AI generated imagery will be harmful or illegal. Many individuals use AI to create artistic, parodic or character based imagery. This means that laws need to be put in place to protect individuals from serious harms but also not excessive regulations on the legal uses.

Texas SB 441 demonstrates how quickly the laws are evolving due to AI. Whilst the law tries to protect individuals from having their image used without permission it also places obligations on websites and applications. This results in issues regarding who should take responsibility for the creation and distribution of harmful AI generated material online. Continued development of AI technology is likely to cause laws to have to be continually adapted by lawmakers and the courts.

Overall, Texas Senate Bill 441 is an example of how technology can cause legal issues. Whilst it provides protection to individuals from certain harmful AI generated imagery and a method to claim damages and remove material, it does raise larger issues around privacy, responsibility and how governments should regulate the AI usage. As AI becomes more prevalent, these issues are likely to become increasingly prominent within modern law.

Work Cited

Texas Senate Bill 411- https://legiscan.com/TX/text/SB441/id/3240852

A.I. vs. The Law