Tengrinews.kz — Meta has unveiled its new AI-powered image generator, Muse Image. Beyond standard text-to-image generation, the service includes a feature that has already raised eyebrows: public Instagram accounts can now serve as the basis for creating new AI images without prior consent..
What Muse Image can do
According to the ixbt.com reports that Muse Image, formerly known internally as "Mango," is already available for free via the Meta AI app and is integrated into Instagram Stories and WhatsApp.
In terms of capabilities, the service is similar to other modern AI generators. Users can create images from text descriptions, edit photos, apply presets, and experiment with various artistic styles.
Additionally, Muse Image allows users to create advertising imagery, modify photos using text prompts, and visualize concepts. For instance, a user could see how a used sofa would look in their garage or living room before purchasing it. Meta plans to integrate this feature into Facebook Marketplace in the future.
Simultaneously, the company is launching new AI effects for Instagram Stories, also powered by Muse Image. Free image generation will be available up to a certain limit, after which a subscription will be required. Meta is also reportedly developing Muse Video for video generation, though details remain scarce.
Why the new feature is causing controversy
The most contentious issue is the ability to use photos from public Instagram profiles. If an account is set to public, another user can tag the owner of a photo and use that image to generate a new AI-based creation. The original owner is not notified, and their prior consent is not sought.
Following reports of the new feature, a user on the X social network described it as a "privacy nightmare waiting to happen."
Under Meta's policy, users can create content using the company’s AI features by leveraging other people's posts. While image owners can opt out of this through privacy settings, the feature is enabled by default for public profiles.
The rollout of this feature has reignited the debate over the legality of using personal photos without explicit consent.
The legal perspective
To understand whether this mechanism might violate the rights of citizens in Kazakhstan, we spoke with Kristina Grinberg, head of a private law firm.
According to the lawyer, while image generation technology itself is not illegal, the use of third-party photographs raises serious concerns.
"It depends on which rights we are discussing. This involves the right to one's likeness, copyright, and personal data. However, the mere fact of using someone else's image, even via AI, is not always automatically deemed a violation," she explained.
She noted that legislation is currently struggling to keep pace with such technological advancements.
"Currently, there are certain gaps in our legislation. Essentially, much of this is permitted until an individual actively begins to defend their rights and file claims," the lawyer noted.
According to Grinberg, such situations are regulated much more strictly in the European Union.
"If a photograph allows for the identification of a person, it is considered personal data. Consequently, the processing of such an image must have a legal basis," she emphasized.
Applicable regulations in Kazakhstan
In Kazakhstan, the lawyer says, the law provides for the protection of a person’s likeness and personal data, though applying these norms to new technologies remains a point of contention.
"The use of a person's image without their consent can lead to civil law consequences if their rights are violated or harm is caused. However, much depends on where the photo was published, who used it, for what purpose, and whether moral damages were incurred," the expert noted.
The expert reminded that Article 145 of the Civil Code establishes a citizen's right to their own likeness.
"The article explicitly states that no one has the right to use the image of any person without their consent. The use, publication, and distribution of an image are permitted only with the consent of the depicted individual, except in cases provided for by law," she explained.
According to the lawyer, if a Meta AI user takes a photo of another person and uses it to create a new image, this could theoretically be considered unauthorized use of an image.
"Judicial practice for such disputes has not yet been established, so proving a violation will be difficult. However, the very approach of using a photograph to create AI content without the owner's prior consent may conflict with the understanding of personal data protection and an individual's right to their image," Grinberg noted.
In addition, the lawyer drew attention to the Law "On Personal Data and Its Protection."
"A photograph that can identify a person is considered personal data. Based on the law, the collection, processing, and distribution of personal data are generally allowed only with the subject's consent. Therefore, using a photo to generate a new image with artificial intelligence can be qualified as the processing of personal data," she shared.
Can rights be protected?
According to Kristina Grinberg, new tools for working with digital evidence are gradually emerging in Kazakhstan.
"Courts are already beginning to accept requests for electronic logs and metadata. If a dispute goes to court, such information can help establish the origin of the image and confirm the use of a specific photograph," the lawyer noted.
At the same time, the law provides for cases where consent for the use of an image is not required, such as filming public events or covering socially significant events. However, the expert believes that generating a new image using AI does not fall under these exceptions.
"If such a function is applied to citizens of Kazakhstan and the dispute is considered under Kazakhstani law, an individual may have grounds to demand that the use of their image cease. If harm can be proven, the issue of compensation for damages may also be raised," the expert concluded.
As a reminder, a decision was recently reached in the US regarding one of the most discussed cases involving tech companies in recent years. A jury in Los Angeles found that Instagram, Facebook, and YouTube can harm the mental health of users and intentionally foster addiction.