UK MP takes on xAI in deepfake legal battle
AI-generated content and the legal boundaries for publication are being tested in a major new case issued in the High Court. Jess Asato, the Labour MP for Lowestoft, has commenced legal proceedings against Elon Musk’s artificial intelligence company, xAI, in relation to a deepfake image generated using it’s AI tool, Grok.
The High Court claim is brought on the grounds of misuse of private information and breach of the Data Protection Act 2018. The case concerns fake images created in January 2026 by Grok users depicting Ms Asato in a bikini. In a recent BBC interview Ms Asato described the incident as “some form of almost digital sexual assault.”
The case raises significant questions about the extent to which companies are, or should be, held responsible for the design and operation of AI tools and determine who should be held accountable for design failures. Ms Asato compared Grok’s safeguarding failures to that of the manufacturing of a car, stating “It matters that the car was produced with the fault in the first place, and that's the problem with Grok, is that it was created without the safeguards and without the guardrails to prevent this from happening in the first place”.
Following the publication of the fake images in January 2026, X announced on its platform that Grok will no longer be able to edit photos of real people (as was experienced by Ms Asato). However, the effectiveness of those measures is in doubt following subsequent further complaints.
Ms Asato’s case arises amid growing concerns that the Online Safety Act 2023 does not go far enough to protect users online from the ever-developing world of AI. This case has attracted significant attention including support from Prime Minister, Keir Starmer it will be interesting to see how it proceeds and contributes to the creation of clear guidelines for companies and AI users.
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