AI-Generated Child Sexual Abuse Material: Emerging Crime Patterns and Legal Challenges in Thailand

บทคัดย่อ

The rapid growth of generative artificial intelligence and deepfake technologies has enabled the production of highly realistic child sexual abuse material (AI-CSAM), creating new challenges for victim identification, investigation, and criminalisation. This article aims to: 1) examine emerging AI-CSAM crime patterns; and 2) analyse legal frameworks relevant to Thailand. Using documentary research and content analysis, and legal dogmatics, this study reviews legislation, official reports, academic literature, and selected cases from Thailand and comparative jurisdictions. The findings identify three principal patterns, including manipulation of real images, generation of fully synthetic content, and the use of AI to facilitate grooming and sextortion. AI-CSAM can divert investigative resources, re-victimise identifiable children, and normalise abusive conduct. Existing Penal Code and computer-crime provisions may address conduct involving real or identifiable children, but uncertainty remains regarding wholly synthetic depictions, apparent age, specialised tools or manuals, and provider duties. The study recommends proportional criminalisation based on the design of the technology, evidence of exploitative intent, and the severity of the content, together with safety-by-design obligations for AI developers and platforms. Through proposed legislative amendments, this approach would protect children without imposing liability for accidental outputs or general-purpose technology in the absence of knowledge or intent.