Spain’s public prosecutor’s office is considering a government request to investigate social media platforms for potential criminal activity related to the creation and dissemination of child pornography using artificial intelligence. The move underscores growing international concern over the use of AI to generate and spread illicit content.
The request, initially made by the Spanish government on February 17, 2026, targets X, Meta, and TikTok. It invokes Article 8 of the Organic Statute of the Public Ministry, a rarely used provision that allows the executive branch to request the prosecutor’s office to initiate legal action in the public interest.
According to sources within the prosecutor’s office, the Board of Prosecutors Chamber unanimously supported the government’s petition during a meeting on Tuesday. While the board’s opinion is not binding, the final decision rests with the Attorney General of the State, Teresa Peramato.
The government is asking prosecutors to “exercise the criminal actions it deems appropriate and establish criteria and mechanisms to allow victims, their guardians, and legal representatives” to defend their rights. This request comes as part of a broader effort to combat what officials describe as a lack of accountability on social media platforms.
Elvira Tejada, the prosecutor coordinating computer crime investigations, has reportedly proposed three specific courses of action. These include deepening investigations already underway in regional prosecutor’s offices to assess the potential liability of digital platforms, collaborating with French prosecutors who are already investigating X, and opening a fresh investigation in Spain to collect evidence of child abuse material created and disseminated by the platforms.
Francisco Jiménez Villarejo, the prosecutor for International Cooperation, suggested a comprehensive response encompassing consumer protection and data privacy measures, as well as the creation of a dedicated working group within the Public Ministry. Former Attorney General Consuelo Madrigal advocated for supplementing criminal measures with provisions from Spain’s child protection laws. Several prosecutors also proposed submitting legislative reform proposals to the government.
Combating “Impunity” on Social Media
President Pedro Sánchez announced the move on X, formerly known as Twitter, directly naming X, TikTok, and Meta as platforms involved in “the creation and dissemination of child pornography through their AI,” referencing programs capable of creating sexually explicit deepfakes of minors.
In a letter to the prosecutor’s office, the government argued that the responsibility for these crimes extends beyond individual users, potentially including criminal liability for the platforms themselves due to their control over content and the AI tools they integrate, such as Grok on X and Meta AI. The government contends that the algorithms used by these platforms can promote certain content over others.
The decision, supported by a technical report from the Ministries of Presidency, Digital Transformation, and Youth, is part of a broader effort to address “impunity” on social media. Officials described a digital environment characterized by a lack of accountability and tolerance for criminal practices that endanger the privacy, image, and freedom of minors.
This action aligns with an international trend of increased scrutiny of large technology platforms. French prosecutors recently raided X’s Paris headquarters and summoned owner Elon Musk for questioning, while the European Commission is investigating Meta, TikTok, and Grok AI under the Digital Services Act.
The invocation of Article 8 to pursue the dissemination of these deepfakes is one of five measures announced by Sánchez on February 3, 2026, in Dubai, aimed at addressing issues with social media platforms. “They have become a failed state, where laws are ignored and crimes are tolerated,” he stated. Sánchez also denounced the platforms for “attacking the mental health, dignity, and rights of our children,” something the state “cannot allow.” “The impunity of the giants must end,” he wrote on X.
Sánchez announced from Dubai that the government intends to prohibit access to social media for those under 16, citing concerns about the impact of harmful content on their mental health. He also pledged to legislate to hold executives of large technology companies accountable for “multiple violations” occurring on their platforms, introduce penalties for manipulating algorithms, and establish a system to monitor toxic speech.
