What Does Spain’s Move To Probe Major Social Networks Mean For EU Internet Safety?

Prime Minister Pedro Sánchez has requested an investigation by Spain's Public Prosecutor's Office into the potential criminal liability of major platforms regarding the dissemination of AI-generated child sexual abuse material (CSAM). The platforms in focus include X, Meta, and TikTok.

Spain's constitutional framework requires that Attorney General Teresa Peramato consult the Board of Prosecutors of the Supreme Court before initiating any investigation. This inquiry tests the interaction between national criminal law and EU-level enforcement under the Digital Services Act (DSA).

Spain's initiative aligns with the regulatory path established by the DSA, which mandates large platforms to address systemic risks, including harm to minors and illegal content distribution. This action probes the limits of platform accountability within the European legal framework, potentially setting a precedent for parallel enforcement strategies by member states alongside Brussels.

The European Commission is also investigating X concerning AI-generated explicit content, increasing pressure on platforms already facing scrutiny across Europe. Regulatory fragmentation within the EU could arise if multiple member states pursue overlapping cases, leading to uneven enforcement across the single market.

The Spanish government has highlighted evidence indicating that one in five young people in Spain, predominantly girls, have reported AI-generated fake nude images of themselves shared online. This statistic underlies the urgency of Sánchez's appeal.

Additionally, Sánchez has proposed banning children under 16 from social media access and treating repeat violations by tech executives as criminal offenses. TikTok, in response, stated that CSAM is strictly prohibited on their platform, emphasizing their ongoing investment in technologies to prevent such exploitation.

The Spanish initiative reflects a broader European trend towards prioritizing child safety in digital regulation. This shift may affect fundamental rights such as privacy, anonymity, and freedom of expression. Critics warn that measures, including a proposed social media ban for under-16s, could expand state and platform surveillance.

Spain's approach presents both opportunities and risks for EU internet safety, urging lawmakers to address AI-driven abuse while maintaining digital rights protections.

Trevor Horwitz, CISO and Founder at TrustNet, noted that restrictions on social media access for minors or increased enforcement under the DSA could have privacy implications, such as the need for platforms to process more personal data for age verification. However, the DSA does not override data protection laws, and platforms must comply with GDPR requirements.

This means that child safety enforcement and privacy compliance must coexist, ensuring that protections for minors are implemented in accordance with existing EU data protection rules.

Based on reporting by techround.co.uk.