PolandKodeks karny art. 202 § 4b-4c, Fabricated Child Sexual Abuse Material
archived copy
Read from a public archive copy, not the publisher directly. The publisher does not serve this page to automated readers, so a direct fetch was not an option here; how we access sources. Archived . Publisher's page: https://isap.sejm.gov.pl/isap.nsf/download.xsp/WDU19970880553/U/D19970553Lj.pdfIn force.
An AI prohibited practices rule binding public and private bodies.
- Obligation class
- Prohibition
- Audit expectation
- none
- Setting the rule reaches
- General
What it requires
- Do not produce, distribute, present, store, or possess pornographic content depicting a generated or digitally processed image of a minor engaged in a sexual act; the test is a fabricated or digitally processed image of a minor, so a wholly AI-generated image can fall within it whether or not a real child was involved.
These lines are LexLint's reading of the law's text.
In the frameworks
- NIST AI RMF
- MAP 3.3Targeted application scope is specified and documented based on the system’s capability, established context, and AI system categorization.
- NIST AI 600-1
- GAI-RISK-08Information Integrity
- GAI-RISK-11Obscene, Degrading, and/or Abusive Content
- MIT mitigations Draft
- FINOS AIGF
- AIR-PREV-005System Acceptance Testing
- ETSI EN 304 223
Our reading of where this law's duties sit in each framework. It never says that running a control meets the law. How we read a framework against the law
Identifiers refer to ETSI EN 304 223 V2.1.1 (2025-12), © ETSI 2025, all rights reserved. ETSI owns the standard; no ETSI text (titles or sentences) is reproduced here. The standard is free to download from ETSI.
If you get it wrong
Criminal exposureYes
Criminal exposure note
Art. 202 § 4b: imprisonment up to 3 years for producing, distributing, presenting, storing, or possessing pornographic content depicting a generated or digitally processed image of a minor participating in a sexual act. Art. 202 § 4c applies the same penalty to a person who, for sexual gratification, participates in the presentation of such content.
Who enforces it
Settledness
- As of
- Open questions
- Does 'wytworzony albo przetworzony wizerunek małoletniego' in Article 202 section 4b cover an image generated wholly by a model that depicts no identifiable real child, or only an image built from or altered from a real child's likeness?
- Does 'uczestniczy w prezentacji treści pornograficznych z udziałem małoletniego' in section 4c reach a person who takes part in the presentation of generated content that shows no real minor, given that section 4b speaks of a 'wytworzony albo przetworzony wizerunek' while section 4c speaks of content 'z udziałem małoletniego'?
What it makes you log
Logging duty
Article 202 section 4b criminalizes producing, distributing, presenting, storing or possessing pornographic content depicting a generated or digitally processed image of a minor participating in a sexual act, and section 4c extends the same penalty to a person who, for sexual gratification, participates in presenting such content. Neither section states a duty to create, keep or produce a log or record of anything.
- Kind
- None
- As of
What this law does
Article 202 section 4b criminalizes producing, distributing, presenting, storing, or possessing pornographic content that depicts a generated or digitally processed image of a minor participating in a sexual act, reaching a fabricated or digitally processed image, so a wholly AI-generated image can fall within it without any real child appearing in it. Section 4c extends the same penalty to a person who, for sexual gratification, participates in the presentation of such content.
Section 4b was added to the Code by the Act of . Section 4c was added by the Act of , so the two sections came into force on different days.
When LexLint raises it
When your app profile says your app generates images with AI, generates video with AI or publishes adult content.
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