La Ley Olimpia ante la creación de contenido sexual infantil con inteligencia artificial en Ecuador.

Abstract

The use of artificial intelligence software to create children sexual abuse content is not regulated in the Ecuadorian law. The rapid development of this type of technology puts the fundamental rights of children and adolescents at risk, and in Ecuador, this leads to a violation of minors' right to privacy, sexual integrity, and reputation. In a state governed by the rule of law, it is necessary to guarantee the protection of citizens against the criminal use of AI, in this case, for the creation of deepfakes and child pornography. This gives rise to a legal problem linked to constitutional rights, which must be addressed through criminal law. This paper raises the need to criminalize the creation of child pornography using artificial intelligence in the Ecuadorian Criminal Code, implementing a set of reforms motivated by the "Olimpia Law" in accordance with the Constitution, seeking a regulatory framework with fewer legal loopholes regarding digital and child sexual violence.