Bill Seeks to Punish Creators of AI Porn Featuring Virtual or Realistic Characters (Image supported by ChatGPT)
SEOUL, Oct. 7 (Korea Bizwire) — A proposed bill that would make it illegal to create or distribute sexually explicit material using artificial intelligence (AI)–generated virtual characters is sparking intense public debate in South Korea, reflecting growing unease over the boundaries of technology and expression.
The amendment to the Act on the Punishment of Sexual Crimes, introduced by Rep. Heo Young of the ruling Democratic Party, seeks to impose up to seven years in prison or a fine of 50 million won ($36,000) on those who produce or share AI-generated pornographic content depicting “virtual characters that could be perceived as real people.” Those who merely store or view such material could face up to three years in prison or a fine of 30 million won ($21,000).
Currently, the law only covers pornographic depictions involving identifiable real individuals, leaving AI-generated content in a gray area. The proposed change aims to close that loophole as the spread of deepfake technology blurs the line between fiction and reality.
During the public comment period, which ended September 26, the bill drew more than 17,800 submissions, an unusually high number that underscores the depth of public concern — and division.
Critics argue the law could infringe on freedom of expression and be “weaponized as a tool of censorship.” Others questioned its enforceability, saying that “without a clear victim, it could destabilize the foundations of criminal law.”
Supporters counter that the psychological and social harm of AI-generated pornography — even when involving fictional characters — is real. “Such material normalizes sexual exploitation and can harm minors,” one commenter wrote. Another said, “People can still be victimized when their likeness or features inspire AI-generated sexual content.”
Experts remain divided. Park Sang-cheol, a professor of AI law at Seoul National University, argued that existing laws, such as those under the Information and Communications Network Act, already allow for punishment of obscene content distribution. “There’s little need for a separate statute covering ‘virtual pornography,’” he said.
As AI Blurs Reality, South Korea Grapples With How to Police Synthetic Sexuality (Image supported by ChatGPT)
But Lee Eun-ui, a lawyer specializing in sexual crimes, disagreed. “AI-generated sexual images often rely on real people’s data, including photos and videos used for machine learning,” she said. “If such depictions can harm identifiable individuals, they must be subject to legal protection similar to deepfake victims.”
Even among supporters, some caution that the bill’s language — especially the phrase “characters that could be perceived as real people” — is too vague and could lead to unintended criminalization.
Beyond the legislative dispute, observers say the controversy reflects a broader reckoning over how societies should respond to the ethical and legal fallout of AI advancement.
“AI is evolving faster than our capacity to define its limits,” said Jeon Chang-bae, head of the International Association for AI Ethics. “We need a social consensus on how to balance creative freedom with protection from digital harm.”
M. H. Lee (mhlee@koreabizwire.com)
