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21 July 2023
Issue: 8034 / Categories: Legal News , Cyber , Technology , Libel , Defamation , Artificial intelligence
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NLJ this week: Electric dreams, AI confabulations & defamation law

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Artificial intelligence (AI) tools are known to ‘hallucinate’, making up false information or confabulating to fill gaps in their knowledge. But who is responsible in law for any libel or harm caused as a result? In this week’s NLJ, Chloe Flascher, associate at Withers, addresses this fascinating conundrum.

The lies and dreams of machines can cause real world risks. As Flascher writes: ‘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 purported sexual harassment took place.’

Flascher explores potential defamatory scenarios arising from generative AI, and analyses how this might be dealt with under current laws—read the full article here.

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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