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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

Harneys—Maggie Kwok & George Weston

Harneys—Maggie Kwok & George Weston

Harneys senior leadership appointments

Freeths—Keith Browne & Jim Jordan

Freeths—Keith Browne & Jim Jordan

Freeths strengthens London Construction and Engineering practice with two strategic senior hires

Anthony Collins—Laura Moss

Anthony Collins—Laura Moss

Anthony Collins announces strategic hire to deepen skills base in the social business sector

NEWS
Existing defamation law can respond to AI ‘hallucinations’, but allocating responsibility will prove harder where outputs reach users without human intervention
The High Court has upheld a rare successful serious-irregularity challenge after an arbitrator relied on an implied term neither party had advanced
Thirty years after The Future of Law shook a profession still using fax machines, its central forecast looks increasingly less like prophecy and more like description
More than 100 teams from the legal and financial services sectors competed in five sports at the 51st Law Society RFC Festival of Sport earlier this month
Part-time status need only be an effective cause of less favourable treatment, rather than the sole cause, the Supreme Court has held in Augustine v Data Cars
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