Responsabilidad penal por la difusión de imágenes íntimas no consentidas generadas con inteligencia artificial en Ecuador

Abstract

Artificial Intelligence (AI) technologies have completely transformed the way images are created and shared, posing a significant challenge for criminal law. Today, anyone can produce a deepfake or deepnude that looks completely real, even without an original photograph. This affects essential legal rights such as privacy, image, and dignity, as these fake intimate images spread quickly, damage reputations, and expose individuals to digital violence that is often invisible yet just as serious as physical aggression. The problem is that Ecuadorian criminal law is not prepared to address this phenomenon. The Comprehensive Organic Criminal Code (COIP, by its Spanish acronym) requires the existence of a real image to punish the dissemination of intimate content, leaving victims of AI-generated synthetic images unprotected. Applying these behaviors by analogy is also not feasible, because it would violate the principle of legality. This creates a regulatory gap that encourages impunity and complicates the work of prosecutors and judges. While countries such as Spain, the United Kingdom, and several U.S. states already have specific regulations in place, Ecuador still lacks a clear legal response. This makes it urgent to reform criminal law to incorporate these new forms of digital violence and ensure that dignity and privacy remain protected in the technological era.