Legal Risks of OpenAI’s Move into Adult Content

OpenAI’s reported plans to permit a wider range of content, including erotica, on its ChatGPT platform have raised new legal and ethical questions for artificial intelligence providers.

The potential policy change would place ChatGPT alongside platforms such as X’s Grok, which are cautiously exploring the boundaries of adult content while facing growing regulatory pressure under the UK’s Online Safety Act (OSA) and the EU’s Digital Services Act (DSA).

AI and Digital Regulation Partner James Clark spoke to ITBrief and TechRound, commenting that the move could subject OpenAI to tougher compliance standards in the UK.

“By offering erotica, ChatGPT could fall into the OSA’s category of ‘pornographic content providers’. This classification triggers heightened obligations, including risk assessments, transparency and reporting,” he said.

“Established providers of adult content have been grappling in recent months with the requirement to age-verify UK users before permitting access to content, and the challenge of doing this in a robust and effective way whilst still preserving privacy and security for users in a sensitive area.”

Under the OSA, UK-based adult content providers must implement robust age verification before allowing users to access explicit material.

James noted that this presents a significant challenge for AI services to ensure its mechanisms are fit for purposes.

“If regulated as a pornographic content provider, ChatGPT would need to demonstrate that its age-verification mechanisms are effective, privacy-preserving, and resistant to circumvention. Weaknesses could expose it to enforcement by Ofcom.”

James also highlighted the unique risks associated with AI-generated erotica, including deepfakes and consent.

“There are also distinct risks associated with adult content in an AI context, which aren’t applicable to other forms of adult content.  Specifically, AI-generated erotica raises issues of consent, deepfakes, and potential misuse.”

“The UK government and Ofcom are increasingly focused on preventing non-consensual AI pornography, which could spill over into stricter rules for consensual adult erotica too.”

Read the full articles:

ITBrief – OpenAI plans erotica on ChatGPT, sparking UK safety scrutiny

TechRound – ChatGPT To Allow Adult Content: What Should Parents Do To Keep Children Safe?