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21 July 2023 / Chloe Flascher
Issue: 8034 / Categories: Features , Artificial intelligence , Cyber , Technology , Libel , Defamation
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AI hallucinations: fact vs fiction

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Artificial intelligence tools are not (yet) above creating false information: who could be liable for the serious harm suffered as a result of publishing that information? Chloe Flascher examines a thorny legal issue
  • While we await specifics on AI regulation in the UK, this article examines the libel risk in this jurisdiction faced by users of generative AI systems who republish false output data.
  • It examines the importance of companies devising internal policies on the use of generative AI in the workplace which properly factor in the risks faced by users republishing false output data about third parties.

It is well-publicised that ChatGPT recently invented a sexual harassment scandal, naming a real law professor as the accused (citing a fake Washington Post article as evidence in support of the allegation). Not only did no such article exist, but the real professor had never been accused of harassing a student, nor had he been present on the trip to Alaska described by the chatbot during which the

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MOVERS & SHAKERS

Thomson Hayton Winkley—Jordan Wallace

Thomson Hayton Winkley—Jordan Wallace

Thomson Hayton Winkley strengthens family law team

Ward Hadaway—Barnaby Rosenthall

Ward Hadaway—Barnaby Rosenthall

Construction lawyer returns to Ward Hadaway in Teesside role

Bird & Bird—Shahin Baghaei

Bird & Bird—Shahin Baghaei

Bird Bird hires leading legal transformation expert

NEWS
Legal aid deserts leave almost one in four without adequate access to justice
The Solicitors Regulation Authority (SRA) has warned solicitors and law firms that using artificial intelligence does not alter their professional obligations, amid concerns over inaccurate legal material and client confidentiality
From forgotten interest claims to case-management appeals, a string of procedural developments offers useful—and occasionally cautionary—lessons for practitioners

Jonathan Fisher KC highlights that it now accounts for around 40% of criminal offences, with roughly 70% involving technology, and argues that the UK cannot simply prosecute its way out of the problem. Detection, investigation and prosecution all require improvement, while different fraud types demand tailored responses.

How forcefully can a litigant criticise a public authority before robust advocacy crosses the line into unreasonable conduct? 
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