STUDY F: Legal challenges in tackling AI-generated child sexual abuse material across the UK, USA, Canada, Australia and New Zealand: Who is accountable according to the law?

This report critically reviews the regulatory context of Canada on the topic of accountability around child sexual abuse material (CSAM) created via generative Artificial Intelligence (gen-AI) on a federal and provincial level.

The federal Criminal Code lacks specific prohibitions against AI-generated CSAM. Nonetheless, the relevant sections of the Canadian Criminal Code have been interpreted widely by the Supreme Court of Canada to provide coverage for several types of harmful material. However, two exceptions, remain: One for material created only for personal use, and another for works of art that lack intent to exploit children. Canadian federal law criminalises the non-consensual distribution of intimate images.

Whether these provisions apply to AI-generated CSAM is uncertain. Privacy laws in Canada offer some avenues for assistance, but they lack a more tailored character to address the specific harms associated with AI-generated CSAM. Copyright law offers a potential, although complex, avenue for addressing AI-generated CSAM.

April 2025 / Reading Time: less than 1 minute

STUDY F: Legal challenges in tackling AI-generated child sexual abuse material within Canada - REPORT

If you have been affected by exploitation or abuse and need support, please visit