Bavaria calls for more speed in criminal law reform
In view of the rapid development of artificial intelligence (AI), Bavaria is calling for more speed in adapting criminal law for cybercrime, hate speech and child abuse. "Generative AI programs are available to everyone, increasingly easy to use and of ever-improving quality. Unfortunately, criminals are also among the first to abuse new technical possibilities for their own purposes. We must therefore ensure that criminal law keeps pace with technological developments," said Bavaria's Minister of Justice Georg Eisenreich (CSU) with a view to the conference of justice ministers in Berlin, which begins on Friday.
In the motion, Bavaria calls on the federal government to set up a group of experts to provide more clarity on unresolved legal issues. "With artificial intelligence (AI), criminals can perfect their methods of deception. It must be examined under which conditions people can be held criminally liable if they develop or use AI for criminal purposes," emphasized Eisenreich. Cybercrime can affect both private individuals and companies and cause great damage.
Eisenreich also sees a need for adaptation when it comes to hate speech: "Generative AI systems could make it even more widespread. Who is criminally liable if an artificial intelligence generates passages with criminal content such as insults or incitement to hatred? These questions need to be clarified."
Eisenreich also fears "a new dimension in the dissemination of depictions of sexual abuse of children due to the changing technical possibilities. The federal legislator must therefore review the current penalties to determine whether they do justice to the unlawful nature of these crimes."
"The pace of digitalization is rapid. As technology advances, the associated criminal law issues will also continue to change," said Eisenreich. Therefore, the federal government must now set up a group of experts with representatives from the judiciary and IT security research, which will present its findings to the Conference of Justice Ministers in spring 2025.
- The federal government should consider establishing a task force to address the legal implications of AI in federal states, particularly with regards to criminal liability for developing or using AI for criminal purposes in the context of cybercrime, hate speech, and child abuse on the internet.
- With the proliferation of AI technologies, the distinction betweenthose responsible for creating and those using AI systems for committing hate speech or sexual abuse of children online becomes more complex, highlighting the need for the federal government to collaborate with federal states and relevant stakeholders to update and clarify cybercrime legislation.
Source: www.dpa.com
