Bill Seeks to Include AI-Related Crimes in the Criminal Code

A new Bill was filed before Congress in November 2024 to incorporate section 117 ter to the Argentine Criminal Code. This paragraph would punish with one month to one year of prison anyone who, to cause damages, uses artificial intelligence systems to generate, manipulate, and/or publish, through any means of dissemination or communication, images or videos containing replicas of a person’s face or voice.

The punishment will be increased to up to six years of prison when such actions:

1. are used to cause harm to the physical or psychological integrity of the data subject or another person,
2. are used to harass, stalk, or humiliate the data subject or place them in a situation of vulnerability, harassment, or humiliation,
3. involve the creation or manipulation of images of children or adolescents under 18 years old with sexual content, depicting their genitals, or for sexual purposes,
4. are used to commit any crime included in the Argentine Criminal Code.

The main principles driving the bill focus on the need to protect individuals' fundamental rights against the misuse of biometric data and artificial intelligence technologies, such as "deepfakes," which allow manipulating images, voices, and movements without the data subject´s consent. These practices are a direct invasion of privacy, dignity, and honor, and can be used to commit serious crimes, such as identity theft, harassment, extortion, and fraud.

Given the inadequacy of Argentina's current legal framework, which does not specifically address the risks these technologies pose, the bill proposes including section 117 ter in the Argentine Criminal Code to regulate these practices, establish proportional punishments, and prevent abuse. This measure seeks to ensure that technological advances are used ethically and respectfully, safeguarding the physical, psychological, and emotional integrity of individuals, especially in cases of digital violence, harassment, and child exploitation.