The industry is also already at a disadvantage in utilizing AI, adds Ornelas. Major generative AI platforms generally do not allow NSFW content, as part of controls for moderating what is widely termed inappropriate content. ChatGPT creator OpenAI, however, says it is considering how to “responsibly provide the ability to generate NSFW content in age-appropriate contexts.”
Establishing AI policy that meets everyone’s needs and includes children’s safety—which has been particularly visible in global tech regulation discussions—is a delicate balancing act, as regulators move to keep youngsters from seeing pornographic content. One example is the UK’s controversial Online Safety Act, which aimed to force tech companies to keep children safe on their services and platforms.
The UK also opened a call for evidence on pornography regulation in January, focusing on online pornography. A similar format, Pappel says, could improve AI regulations in the EU.
Those driving the Open Mind AI initiative who spoke to WIRED also recognized the need to protect young people from seeing age-inappropriate content. “We’re on the same side, we want the same things,” says Ornelas. “Safe content and to be protected.”
The adult industry faces challenges not just in AI but in internet safety overall, says Barry O’Sullivan, a professor and founding director of the Insight SFI Research Centre for Data Analytics at University College Cork, Ireland. He says other issues that need to be addressed include age verification and safety tech.
The European Commission opened a public consultation in 2020 ahead of its AI rules and has hosted other targeted consultations, including for the financial industry and “general-purpose AI.” It has also hosted roundtables on tech regulation with tech industry stakeholders, including on its implementation of the EU’s Digital Services Act (DSA).
But as it stands, regulatory discussions fall short when it comes to considering the adult industry the same way as the commission does other online stakeholders, says Alessandro Polidoro, a digital rights activist and independent attorney coordinating the Digital Intimacy Coalition, which the Open Mind AI group is a part of.
“There’s a blind spot in digital regulation right now between the adult industry and AI policy,” he adds. “There are issues that have been completely ignored and overlooked and must be added to the dialog.”
While tech regulation can take years to crystallize–the EU’s AI rulebook entered into force more than three years after its proposal in April 2021—those leading the push for representation are optimistic. The European Commission designated major porn sites enforceable under the Digital Services Act, which regulates large online platforms, in December 2023—after, the Digital Intimacy Coalition says, the coalition sent an open letter.
“The European Commission has been commendable in maintaining an open dialog with different actors in the digital world, especially during the implementation of recent EU tech laws,” says Polidoro.
“We need to find a sweet spot, and it can only happen with a two-way conversation.”
