Artificial Intelligence (AI) is taking over the world whether we like it or not. The ongoing debates on its benefits and drawbacks are becoming time worn. Those who finds it useful, will absorb its tools like a sponge while those who don’t, will probably resist it.
There has been a proliferation of AI-generated materials. For example, AI-generated videos in the form of Anime-styled Harry Potter characters and old baby pictures turning to life, moving and crying.
In fact, now, there’s even an AI Radio Host / DJ which plays you music while you drive, promotes products and services. You can barely tell the difference if there wasn’t a disclaimer at the start of the show.
AI materials doesn’t just come to life on its own. It has to be curated, programmed, or prompted. So, one does have to wonder – can an AI or AI-generated material be made legally responsible for defamation?
Say that the AI Radio Host / DJ made slanderous statements on air, who can be made liable for defamation? The AI Radio Host / DJ is not an individual nor a corporate entity that one can properly sue in a court of law.
The elements of a defamation action are a) the statement made is defamatory; b) the statement refers to someone; and c) the statement was published [1]. If these elements are fulfilled, there would be a case of defamation.
For the purpose of this piece and the issue of who’s liable, the writer will first deal with the issue of publication. In order for a defamation to arise, the defamatory statements made by an AI Radio Host / DJ against someone, must be published on air by the radio station / media management i.e. the parties who arguably, designed the AI character, curated contents for the AI, approved the contents and put in place the technology and equipment to publish it on air. They would arguably be liable for any defamatory statements made against someone, and not the AI Radio Host / DJ per se.
Thus far, no AI Radio Host / DJ has been found liable for defamation. However, there may be a time where this legal issue will come up, sooner or later.
It remains to be seen how the law will evolve to address these complex legal issues. The burden on enforcement agencies and the Malaysian courts will be significant as they navigate an uncharted territory. To illustrate the stakes, if the producer, creator, or manager of an AI character is not held legally accountable for defamation, it could set a dangerous precedent, enabling individuals to curate and generate AI contents without fear of legal repercussions.
For the avoidance of doubt, this article was not generated by an AI though the acronym of the writer is so!
[1] Big Man Management Sdn Bhd v. Tenaga Nasional Bhd [2020] 8 CLJ 27
About the Author
Afiq Iskandar is a Legal Associate of XK Law. He graduated from MARA University of Technology, Malaysia. Afiq has multiple interests in life beyond reading law viz. sports, film, music and poetry. He believes that art, in whatever form they may be, is a necessity of life.
