The Supreme Court of Justice of the Nation (SCJN) validated a law of Zacatecas that protects the childhoods from digital violence, including perpetrated with artificial intelligence (AI).
The Plenary of the SCJN resolved an action of unconstitutionality, promoted by the Federal Executive, against article 9 of the Law of the Rights of Girls, Children and Adolescents of Zacatecas, which establishes as the right to have a “life free of cyber, digital violence, as well as all those through the use of artificial intelligence”.
Although the Executive raised the disability of said article for not having a clear definition of artificial intelligence, the SCJN determined that said normative portion is valid.
Minister Margarita Ríos Farjat, in charge of the project approved unanimously, warned of the increase in the use of technology by childhoods and adolescents in recent years, highlighting that “artificial intelligence has specific and potentially serious risks.”
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“On the one hand, it can be used to generate and disseminate highly realistic child sexual exploitation material, and on the other hand, it can be used by criminals to manipulate and deceive,” said Ríos Farjat.
Minister Loretta Ortiz pointed out that the use of AI is increasingly frequent to generate cyber violence against childhoods and places them in a vulnerable situation, being the main affected by developing in an increasingly digitized world.
“Recognizing the right to a life free of violence, including what is committed through the use of artificial intelligence, is according to the principle of the best interests of childhood, as it expands the protection of its rights,” said Ortiz Ahlf.
This is the second time that the SCJN is pronounced in favor of local laws that validate the violence committed with artificial intelligence, despite the lack of clarity in the term.
In February, the Court validated with up to six years in prison the use of AI to generate sexual content in Sinaloa.
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According to the Federal Executive, which has challenged both norms, the lack of precision in the term “artificial intelligence” attempts against the principles of legality and legal certainty.
With EFE information
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