Mexico May Lead World’s First AI Digital Violence Conviction

Mexico could mark a milestone in the fight against digital violence in Latin America, as authorities consider the sentencing of a student who allegedly used AI to manipulate photos of classmates.

On Nov. 28, 2024, a Mexico City court postponed the sentencing hearing against Diego 'N', a student at the Instituto Politécnico Nacional (IPN) accused of using AI to alter photographs of female classmates for sexual exploitation. This trial is the first in Latin America involving digital violence with the use of AI, and is expected to be the first sentence in the world in this type of case.

A new hearing will take place on Dec. 4, during which Diego 'N' could be sentenced to 12 years in prison, reports Milenio.

"We are going to go all the way. Right now there are only two cases in trial, one of my partner's and mine, but there are still six more to go, so the process is not over yet," says one of the victims to Forbes Mexico, speaking on condition of anonymity. "If the sentence is achieved in these, it marks a little more of a path for the others, but this whole process continues."

Diego 'N'  was first publicly denounced through the portal Casi Creativos, where it was revealed that he was allegedly selling over 20,000 photos of his classmates in Telegram groups. These photographs were allegedly taken from the victims' social networks and then altered using AI.

Relevance of the Case

This trial marks a milestone in the fight against digital violence in Latin America, being the first in which the use of AI is directly linked to crimes of sexual exploitation, a trend that has been on the rise in recent years.

"It is estimated that there are many more cases. Today you simply download an app and you can manipulate this information; anyone with Wi-fi, a smartphone could exploit a woman's body," says Olimpia Coral, Co-Founder and Promoter of the Olimpia Law, to Reforma. The Olimpia Law is a set of legislative reforms that aim to punish crimes that violate sexual intimacy through digital means.

Diego 'N' also faces charges of human trafficking in the form of child pornography The use of AI in illicit activities against minors is becoming more common, with a 360% increase in the last year, according to the Internet Watch Foundation.

"With the use of AI, even a harmless video of a child can become images from which an algorithm can generate sexual material," says Lucas Moyano, Director of Cybercrime Research Diploma, Universidad Nacional de Lomas de Zamora. 

If convicted, what is expected?

Digital violence affects women in Mexico and the world, generating a strong social and political movement that, so far, has not resulted in serious sentences.

For example, in July 2024, the Juvenile Court of Badajoz issued  a one-year probation to the 15 minors considered responsible for 20 crimes of child pornography and others against 20 minors. The case also involved the manipulation of images through AI.

The case of Diego 'N' has generated a large social mobilization. Students and activists, including the complainants, have called for a more rigorous treatment in the case of digital violence and online sexual exploitation, alleging that this is not an isolated case, according to Forbes.

One of the victims in the case of Diego 'N', who also remained anonymous, says that there are similar cases in other educational institutions  and even at lower educational levels, such as primary and secondary school.

"Regardless of the time [of the sentencing], we hope that [Diego ‘N’] receives a significant conviction, as it would set an example in the continent that denouncing this type of crime does leave a legal consequence. It would also be a way of showing that digital violence can receive not just any sentence, but an exemplary sentence," says Valeria Martínez Mondragón, lawyer for the victims, to El País.