Instagram is profiting from several ads that invite people to create nonconsensual nude images with AI image generation apps, once again showing that some of the most harmful applications of AI tools are not hidden on the dark corners of the internet, but are actively promoted to users by social media companies unable or unwilling to enforce their policies about who can buy ads on their platforms.
While parent company Meta’s Ad Library, which archives ads on its platforms, who paid for them, and where and when they were posted, shows that the company has taken down several of these ads previously, many ads that explicitly invited users to create nudes and some ad buyers were up until I reached out to Meta for comment. Some of these ads were for the best known nonconsensual “undress” or “nudify” services on the internet.
I’m not really sure how to answer that. Fair use is a legal term that limits the “expectation of privacy” (among other things), so by definition, if a court finds it to be fair use, it has also found that it’s not a breach of the reasonable expectation of privacy legal standard. At least that’s my understanding of the law.
So my best effort here is tabloids. They don’t serve the public interest (they serve the interested public), and they violate what I consider a reasonable expectation of privacy standard, with my subjective interpretation of fair use. But I disagree with the courts quite a bit, so I’m not a reliable standard to go by, apparently.
Fair use laws relate to intellectual property, privacy laws relate to an expectation of privacy.
I’m asking when has fair use successfully defended a breach of privacy.
Tabloids sometimes do breach privacy laws, and they get fined for it.