Document Type

Article

Abstract

Rapid advancement in artificial intelligence (AI) technology threatens the defamation landscape. Defamation, a legal concept addressing false statements that harm an individual's reputation, legally regulates the responsibility of human interactions and corporate publications. AI is neither a human nor a legal entity, which many argue makes it impossible for plaintiffs to bring successful defamation claims. The role of humans and corporate publishers in creating and curating AI systems and the added role of humans republishing false AI-generated contact, however, preserve a likelihood of success for plaintiffs bringing defamation claims against AI. Unlike other technological advances, AI does little to disrupt proof of the dignitary tort.

This article draws on the first, and to date, only case against an AI-generated chatbot and highlights the hurdles this and future plaintiffs encounter when attempting to establish the elements of defamation. The article first offers an overview of AI and identifies where to place human liability for artificial hallucinations or confident false responses to chatbot requests. It then delves into the elements of defamation, including publication, free speech, and intent. Drawing on a comprehensive analysis of existing defamation laws, the article traces how technological advances have altered the traditional common law tort. The article then critically analyzes the potential for fault among AI's creators in contributing to the defamatory content and the responsibility of users who disseminate the AI-generated material.

To address these challenges, the article proposes the proper legal avenues for establishing the elements of defamation in cases involving AI hallucinations. It considers the feasibility of imposing liability on various stakeholders in the AI creation and deployment process, from owners to employees, while addressing accountability and ethical considerations. By offering insights into the evolving jurisprudence and potential solutions, this article seeks to contribute to the ongoing discourse surrounding the need for a legal framework and responsible AI deployment to mitigate the potential societal harm caused by defamation in the digital age.

Share

COinS