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Outcry over Grok images highlights key US legal question about AI, Section 230

By Mike Swift ( January 5, 2026, 23:25 GMT | Comment) -- It’s far from certain that the blowup over sexually explicit images of minors produced by X's Grok images will be the controversy that drives US courts to decide whether a generative AI model is the “creator” or just the host of third-party content, in ruling whether the legal safety net of Section 230 of the Communications Decency Act applies to generative AI. But whether or not the Grok case triggers it, the legal day of reckoning over whether AI products such as Grok are co-creators of content — potentially exempting them from Section 230 protection — may be coming soon.The international regulatory outcry over Grok’s production of sexually explicit images of minors highlights the fact that US courts have yet to decide whether X can use the tech industry’s ultimate “Get Out of Jail, Free” card to immunize generative AI from legal risk....

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