Spain has ordered a criminal investigation into social media giants X, Meta, and TikTok over the spread of AI-generated child sexual abuse material. Prime Minister Pedro Sánchez announced on Tuesday that the government has instructed the public prosecutor’s office to determine if these platforms are criminally liable for the creation and distribution of illegal content targeting minors.
“The impunity of these giants must end,” Sánchez stated, declaring that the mental health, dignity, and rights of children are under attack. The investigation marks a significant escalation in Europe’s efforts to hold tech companies accountable for the content their algorithms promote.
Prosecutors Target AI-Driven Exploitation
The Spanish government invoked Article 8 of the Organic Statute of the Public Prosecution Service to launch this probe. The investigation focuses on whether X (formerly Twitter), Meta (parent company of Facebook and Instagram), and TikTok are failing to stop their tools from being used to generate and share “deepfake” pornography involving minors.
A technical report prepared by three government ministries triggered the action. The report found that artificial intelligence tools, combined with the massive reach of social media, allow for the “near-instantaneous creation and distribution” of sexualized images. Officials are particularly concerned about “nudify” apps and generative AI features that can take innocent photos of children and alter them into explicit material without consent.
Government spokesperson Elma Saiz emphasized that the state “cannot permit algorithms to enhance or protect” these crimes. The probe will examine whether the platforms are merely passive hosts or if their systems actively facilitate the abuse through recommendation engines and lax moderation.
A “Digital Wild West”
The investigation comes amid a broader crackdown on what Sánchez has called the “digital Wild West.” The Prime Minister recently proposed banning social media access for anyone under the age of 16 to protect younger users from addiction and harassment.
Data from the children’s rights organization Save the Children, cited by the government, paints a grim picture. According to their findings, one in five young people in Spain has reported being the subject of AI-generated fake nude images. The government argues that the current self-regulation by tech companies has failed to stop this trend.
This move by Madrid coincides with similar actions across the European Union. On the same day as Sánchez’s announcement, Ireland’s Data Protection Commission launched a separate inquiry into X’s AI chatbot, Grok. The Irish regulator is investigating whether the tool complies with data protection laws and if it has been used to generate harmful content.
Tech Giants Face Growing Pressure
The relationship between the Spanish government and major tech leaders has grown increasingly tense. Elon Musk, owner of X, previously criticized Sánchez’s proposed social media ban for minors, calling the Prime Minister a “tyrant.”
While X has not yet issued a formal response to this specific criminal probe, other platforms have defended their safety records. Meta has previously stated that it has strict policies against child exploitation and that its AI is trained to refuse requests for nude images. TikTok also maintains that child sexual abuse material is categorically prohibited on its app.
Despite these assurances, Spanish authorities believe the safeguards are insufficient. By involving the public prosecutor, the government is moving beyond fines and regulatory warnings, threatening potential criminal consequences for the companies and their executives if they are found to be complicit in the abuse of minors.
