United KingdomMaking, Adapting, Possessing or Supplying a Child Sexual Abuse Image-Generator, Northern Ireland
An AI prohibited practices rule binding public and private bodies.
- Obligation class
- Prohibition
- Audit expectation
- none
As of .
What it requires
- This offense is enacted but not yet in force in Northern Ireland, so it asks nothing of an app or organization until the Department of Justice in Northern Ireland by order brings section 73 into force.
- Once in force, do not make or adapt a thing, including a program, information in electronic form or a service, for use for creating, or facilitating the creation of, child sexual abuse images.
- Once in force, do not possess, supply or offer to supply a thing that is made or adapted for that use; it is a defense to prove that you did not know, and had no cause to suspect, that the thing was a CSA image-generator.
- A service provider that only provides access to a communication network, or transmits or temporarily stores information provided by a user in the ways the section describes, does not commit the offense, and a provider that stores a user's information keeps that protection only if it did not know the information was or contained a CSA image-generator and promptly removes it or disables access once it knows.
If you get it wrong
Criminal exposureYes
Private right of actionNo
Criminal exposure note
On summary conviction, imprisonment for a term not exceeding 6 months or a fine not exceeding the statutory maximum, or both; on conviction on indictment, imprisonment for a term not exceeding 5 years or a fine, or both (Sexual Offences (Northern Ireland) Order 2008 Art. 42A(5), as inserted by section 73).
What it makes you log
Logging duty
Articles 42A to 42C create an offense, defenses and a rule on liability of bodies; none requires a person to keep or produce a log or record.
- Kind
- None
- As of
What this law does
Section 73 of the Crime and Policing Act 2026 inserts Articles 42A to 42C into the Sexual Offences (Northern Ireland) Order 2008 and was not in force at Royal Assent. Under section 255(8)(g), section 73 comes into force, so far as it extends to Northern Ireland, on such day as the Department of Justice in Northern Ireland appoints by order.
A person commits the offense by making or adapting a thing for use for creating, or facilitating the creation of, CSA images, or by possessing, supplying or offering to supply a thing made or adapted for that use. A 'thing' includes a program, information in electronic form and a service.
A 'CSA image' is an indecent photograph or pseudo-photograph of a child within the meaning of the Protection of Children (Northern Ireland) Order 1978, or a prohibited image of a child within the meaning of section 62 of the Coroners and Justice Act 2009 that is not an excluded image within the meaning of section 63 of that Act.
It is a defense to possession for the person to prove that the thing was sent without any request made by or on behalf of the person and that the person did not keep it for an unreasonable time. It is a defense to possessing, supplying or offering to supply for the person to prove that the person did not know, and did not have cause to suspect, that the thing was a CSA image-generator.
Article 42B adds defenses for acts done for the prevention, detection or investigation of crime or for criminal proceedings anywhere in the world, for members of the Security Service, the Secret Intelligence Service or GCHQ acting for the purposes of a function of that body, and for members, staff and assistants of Ofcom acting for the purposes of its online safety functions.
An internet service provider does not commit the offense by providing access to a communication network, or by transmitting information provided by a user, if it does not initiate the transmission, select the recipient or select or modify the information.
A provider that stores information provided by a user who is not acting under its authority or control is protected if, when the information was provided, it did not know that it was or contained a CSA image-generator, and it promptly removed the information or disabled access once it knew. Where a body commits the offense with the consent or connivance of a relevant person, such as a director, manager or secretary, that person also commits it.
On summary conviction the penalty is imprisonment for a term not exceeding 6 months or a fine not exceeding the statutory maximum, or both, and on conviction on indictment it is imprisonment for a term not exceeding 5 years or a fine, or both.
When LexLint raises it
When your app profile says your app generates content with AI, trains models or distributes a software product.