header-logo header-logo

25 September 2026 / Hanna Basha , Jamie Hurworth
Issue: 8178 / Categories: Features , Defamation , Artificial intelligence , Liability , Libel
printer mail-detail

When machines malign

259876
© Getty images

When AI gets it wrong, who is responsible for defamation? Hanna Basha & Jamie Hurworth consider where liability may lie

  • Traditional defamation principles can apply to AI-generated content, with those publishing or adopting it potentially liable for reputational harm.
  • AI providers may also face liability where their systems generate defamatory material, particularly once alerted to false or damaging output.

Widespread adoption of generative artificial intelligence (AI) is transforming how organisations create and publish content and how the public consumes it. Alongside the opportunities, however, come significant legal risks.

Recognising the importance of these issues, the UK Jurisdiction Taskforce has coordinated the preparation of an authoritative legal statement examining liability for non-deliberate AI harms under English law, including the application of defamation principles to AI-generated content.

As businesses increasingly deploy large language models (LLMs), chatbots and automated publishing tools, and the use of LLMs and chatbots in wider society continues to challenge the dominance of traditional search engines, it is necessary to explore the question: who is legally

If you are not a subscriber, subscribe now to read this content
If you are already a subscriber sign in
...or Register for two weeks' free access to subscriber content

MOVERS & SHAKERS

Withers—Sophie Barrett-Brown

Withers—Sophie Barrett-Brown

Withers drives further growth in its UK immigration team with new partner Sophie Barrett-Brown

Venus Legal—Esther Amoako

Venus Legal—Esther Amoako

Venus Legal invests in next generation of legal talent as specialist litigation practice grows

Fisher Phillips—Catrina Smith

Fisher Phillips—Catrina Smith

Fisher Phillips continues momentum in London with arrival of Catrina Smith

NEWS
Restrictions on workplace non-disclosure agreements could make settlements slower, more complex and more expensive when reforms expected in 2027 take effect
Private prosecutors face closer scrutiny under Crown Prosecution Service guidance designed to strengthen accountability and consistency when intervention is requested
Foreign states cannot necessarily claim immunity for cyber operations launched abroad against computers in Britain, following a divided Supreme Court ruling
Defendants who make unsupported complaints about their lawyers risk losing legal aid while confiscation proceedings continue without representation
Lawyers advising Russian clients face different sanctions restrictions across the UK, EU and US, despite their shared objective of increasing pressure on Russia
back-to-top-scroll