AI Hallucinations: Fact Vs Fiction

• Published date: 07 August 2023
• Subject Matter: Litigation, Mediation & Arbitration, Technology, Libel & Defamation, New Technology
• Law Firm: Withers LLP
• Author: Ms Chloe Flascher

Generative artificial intelligence (AI) tools such as ChatGPT are being increasingly used by employees for work purposes, whether that is with or without employer knowledge. However, AI tools are not (yet) above creating false information - who could be liable for the serious harm suffered as a result of publishing that information?

While we await specifics on AI regulation in the UK, employers should take steps now to devise 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.

AI tools are known to 'hallucinate', i.e. make up false information or fabricate content to fill in gaps in their knowledge. If a false and defamatory statement created by generative AI is published about an individual or...