Delito de deepfake y pornografía infantil generada por inteligencia artificial (IA) en la legislación ecuatoriana

Abstract

The crime of deepfakes and child pornography generated by artificial intelligence (AI) in Ecuador presents severe legal and ethical challenges. The use of advanced technologies to create fake images or videos can severely affect an individual's reputation and privacy, as well as facilitate the dissemination of non-consensual sexual content. Although Ecuadorian legislation has made progress in classifying crimes related to child pornography, it struggles to address cases involving deepfakes explicitly. In 2021, reforms were introduced to the Comprehensive Organic Penal Code, incorporating penalties for the production and distribution of child pornography. However, the rapid evolution of AI necessitates constant legal updates to address adequately these new crimes. It is essential for Ecuadorian authorities to strengthen their regulatory framework, implement preventive measures, and promote education on the responsible use of technology, thereby ensuring the protection of victims' rights and social integrity.