The Legal Challenges of Realistic and AI-Driven Child Sexual Abuse Material: Regulatory and Enforcement Perspectives in Europe

Although the escalation in online child sexual abuse material (CSAM) is not a novel problem, recent digital proliferation has brought about new alarming challenges in addressing the issue. CSAM poses significant risks to children and society in general, the most serious being the long-lasting harmful effects on depicted victims. The already distressing problem is exacerbated by the worldwide appearance and spread of AI-driven or virtual CSAM, as AI offers a fast and increasingly profitable means for the sexual exploitation of children. The paper aims to provide a comprehensive review of current legislative measures focusing the European Union for combating online CSAM. With a particular focus on AI-driven CSAM, we will systematically evaluate the effectiveness and applicability of these regulations in addressing virtual CSAM. The paper will conclude with policy recommendations to address identified gaps in the European legislative framework concerning virtual CSAM.