Criminal Regulation of False Information Generated by Artificial Intelligence

DOI: https://doi.org/10.62517/jel.202614120

Author(s)

Chaonan Li

Affiliation(s)

School of Law, Xinjiang University of Finance and Economics, Urumqi, Xinjiang, China

Abstract

The widespread application of generative artificial intelligence technology has boosted social progress, while also giving rise to a new type of criminal risk characterized by the large-scale and low-cost dissemination of false information. From the perspective of criminal law, this paper systematically analyzes the technical causes of false information generated by generative artificial intelligence and categorizes such risks into system-endogenous risks and malicious abuse risks. The study finds that such risks pose systemic challenges to the current criminal law system, which are centrally manifested in the predicaments including ambiguous attribution of liabilities among multiple subjects, difficulties in proving subjective fault, and the lagging application of existing criminal charges. To address the aforementioned issues, this paper argues that on the premise of abiding by the principle of legality of crime and punishment and the principle of modesty of criminal law, regulatory loopholes should be filled through the purposive expansive interpretation of existing legal norms. Meanwhile, it is necessary to construct the performance standards of the duty of care for liable subjects and establish rules for identifying subjective intent based on whether the duty of care has been fulfilled.

Keywords

Medical Data; Generative Artificial Intelligence; False Information; Criminal Regulation

References

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