In the state of Querétaro, there are efforts to modify the penalties established in the Penal Code in order to more severely penalize those who violate the sexual privacy rights of individuals using Artificial Intelligence (AI). Local PAN legislator, Leonor Mejía Barraza, has presented a reform that proposes the addition of article 167 sexies to prevent the use of images or videos for inappropriate purposes through AI.
According to Mejía Barraza, it is essential to prevent these crimes and avoid situations similar to those that have occurred nationally and internationally. The reform aims to prevent the dissemination of altered intimate content using AI tools without the consent of the affected person, considering this action a form of digital violence that requires special attention.
The proposed penalties in the modification range from 3 to 6 years in prison for those who use AI to generate false facts with a real appearance without authorization, along with fines ranging from 900 to 1,900 times the daily value of the UMA, that is, from 101,826 pesos to 214,966 pesos as compensation for the damage.
According to data from INEGI and the Mociba survey, in Mexico, approximately 3 out of every 10 women aged between 12 and 29 suffer digital violence, negatively impacting their mental health and generating feelings such as anger, distrust, insecurity, stress, and fear, among others.
The justification for the reform is based on the fact that the use of AI has led to the creation of new crimes not contemplated in current legislation, which can cause irreversible harm, especially in cases of sexual violence or harassment. The legislator mentions that this initiative aims to protect the privacy, dignity, and integrity of individuals in a constantly evolving digital environment.
