Calls to Update Penal Code for AI Cybercrimes; State Reaction Questioned

Paraguay must update its Penal Code to incorporate new forms of offenses related to artificial intelligence, according to Luis Benítez, secretary of the Paraguayan Society of Artificial Intelligence. Benítez criticized the state's institutional response to technological risks, stating that it is "not reacting adequately."

His comments come amid a debate in Congress about regulating AI-generated content, particularly videos using individuals' images without authorization. Senator Celeste Amarilla recently denounced the irregular use of her image in an AI-created video, highlighting the need for regulation. Benítez argued that the focus should be on penalizing crimes committed through these tools rather than solely regulating platforms or the technology itself.

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Una ley paraguaya no va a tener impacto en OpenAI. Una ley paraguaya no va a tener la fuerza suficiente en Gemini

Benítez explained that Paraguayan legislation would have limited impact on international tech companies like OpenAI or Gemini. He suggested that the Penal Code could be updated to address the right to image and identity theft through AI, drawing from constitutional provisions. The concept of image, he noted, should extend beyond just a face or photograph to include voice, writing style, and even biometric patterns, as AI tools can replicate human behavior with minimal audio or visual input.

The expert warned that with just a photo or a few seconds of audio, an individual's identity can be stolen and misused. He stressed that Paraguay faces a broader issue of new forms of cybercrime and questioned the government's lack of institutional reaction to these emerging threats.

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A partir del artículo constitucional de derecho a la imagen, vos podés generar o actualizar varios artículos del Código Penal donde se prohíba la manipulación sin autorización de la persona o el uso de imagen de la persona