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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

Jurit LLP—Caroline Williams

Jurit LLP—Caroline Williams

Private wealth and tax team welcomes cross-border specialist as consultant

HFW—Simon Petch

HFW—Simon Petch

Global shipping practice expands with experienced ship finance partner hire

Freeths—Richard Lockhart

Freeths—Richard Lockhart

Infrastructure specialist joins as partner in Glasgow office

NEWS
Talk of a reserved ‘Welsh seat’ on the Supreme Court is misplaced. In NLJ this week, Professor Graham Zellick KC explains that the Constitutional Reform Act treats ‘England and Wales’ as one jurisdiction, with no statutory Welsh slot
The government’s plan to curb jury trials has sparked ‘jury furore’. Writing in NLJ this week, David Locke, partner at Hill Dickinson, says the rationale is ‘grossly inadequate’
A year after the $1.5bn Bybit heist, crypto fraud is booming—but so is recovery. Writing in NLJ this week, Neil Holloway, founder and CEO of M2 Recovery, warns that scams hit at least $14bn in 2025, fuelled by ‘pig butchering’ cons and AI deepfakes
After Woodcock confirmed no general duty to warn, debate turns to the criminal law. Writing in NLJ this week, Charles Davey of The Barrister Group urges revival of misprision or a modern equivalent
Family courts are tightening control of expert evidence. Writing in NLJ this week, Dr Chris Pamplin says there is ‘no automatic right’ to call experts; attendance must be ‘necessary in the interests of justice’ under FPR Pt 25
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