Elon Musk
British MP says users created deepfake images. Gage Skidmore | Wikimedia Commons

British lawmaker Jess Asato has initiated legal action against Elon Musk's xAI, claiming its Grok platform was used to generate fake sexualised images of her.

The lawsuit, filed at the High Court in England, comes as Grok continues to face scrutiny over concerns surrounding its ability to create non-consensual sexualised content.

Asato, a Labour MP and member of Prime Minister Keir Starmer's party, argues that the issue goes beyond user behaviour and stems from decisions made during the development of the AI system itself. Her case is among the first to test liability for the design of an AI system, according to her legal team.

The action follows months of criticism of Grok over its image-generation capabilities and comes after Reuters reported that the chatbot continued to generate sexualised images even after new restrictions were introduced.

At the centre of the lawsuit is Asato's claim that the technology was deliberately designed to enable the creation of harmful content.

Jess Asato Claims Harmful Content Was Enabled By Design

According to a statement released by Asato's office, the lawmaker became the target of deepfake content after publicly criticising Grok in January. The statement said users created and circulated fake images depicting her in a bikini, as well as a video showing her 'being chloroformed and prepared for a sexual assault'.

Asato has placed responsibility not only on those who created and shared the content but also on the technology that made it possible.

'Grok created deepfake pornography and sexualised content which harmed thousands of women and children,' she said in a statement announcing the legal action.

She went further, arguing that the platform's capabilities were intentionally built into the system rather than an unforeseen consequence of the technology.

'Its ability is not an accident, nor misuse, it is a design choice by its creators. In launching this case, I am pursuing accountability for those choices.'

The case targets xAI, which Reuters described as part of Musk's rocket and space exploration company SpaceX. Grok is distributed through Musk's social media platform X and has already attracted regulatory attention in several countries following criticism over its role in generating non-consensual sexualised images.

The legal claim has been filed by law firm AWO, which said Asato is pursuing claims for breaches of data protection law and misuse of private information. The MP is seeking damages, a formal acknowledgement that what happened to her was illegal, and an order requiring xAI to prevent any further unlawful conduct.

xAI did not immediately respond to a request for comment.

Lawsuit Could Test Liability For AI System Design

The legal challenge comes after months of controversy surrounding Grok's image-generation features.

In mid-January, xAI announced restrictions on image editing through Grok and said users would be blocked from generating images of people in revealing clothing in jurisdictions where such activity is illegal.

However, concerns continued even after those measures were introduced. In early February, Reuters reported that Grok was still capable of generating sexualised images of people, including situations where users explicitly stated that the individuals depicted had not consented.

Those findings added to the criticism that the safeguards introduced by xAI were insufficient to prevent abuse of the technology.

The concerns are not limited to the United Kingdom. In March, the City of Baltimore filed its own lawsuit against xAI, alleging that Grok's ability to create fake sexualised images violated the city's consumer protection laws.

Asato's case is expected to draw attention because of the questions it raises about responsibility for the design of artificial intelligence systems. Rather than focusing solely on user actions, the lawsuit seeks to examine whether companies can be held accountable for designing systems that enable harmful outcomes.

Ravi Naik, legal director at AWO, said the proceedings could help establish how courts approach such claims. 'This is one of the first claims to test liability for the design of an AI system, and we hope it will make it clear to AI developers that safety cannot be an afterthought,' Naik said.

The legal battle will now proceed through the High Court in England, where Asato is seeking damages, a formal acknowledgement that what happened to her was illegal, and an order requiring xAI to stop all further illegality.

The case follows growing scrutiny of AI-generated deepfakes and could become an early test of the claims outlined by Asato and her legal team regarding responsibility for the design of AI systems.