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Legal liability for fatal harm induced by artificial intelligence chatbots |
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| รหัสดีโอไอ | |
| Title | Legal liability for fatal harm induced by artificial intelligence chatbots |
| Creator | Pornwun Sutisuttayatorn |
| Contributor | Ronnakorn Bunmee, Advisor |
| Publisher | Thammasat University |
| Publication Year | 2568 |
| Keyword | Artificial intellegence chatbots, Legal liability, Providers, Harm, แชทบอทปัญญาประดิษฐ์, ความรับผิดทางกฎหมาย, ผู้ให้บริการ, อันตราย |
| Abstract | The rapid growth of Generative Artificial Intelligence, especially Artificial Intelligence Chatbots, has introduced serious risks to human life. An example is the landmark 2024 case, Garcia v. Character Technologies, Inc., where an Artificial Intelligence Chatbots interacted with a minor in a manner that encouraged suicide, highlighting areas where artificial intelligence is a psychological influencer and not just a passive tool. This study analyses legal liability when artificial intelligence chatbots provide life-threatening advice and compares Thai law with international frameworks. The European Union (EU) addresses this through a four-pillar system, including the EU AI Act 2024, platform regulations, strict liability for AI as a "product," and easing the burden of proof for complex "black box" systems. Meanwhile, China is actively managing artificial intelligence, holding providers accountable for what they release, establishing rules to prevent minors from becoming addicted, and mandating safety assessments before artificial intelligence tools are made publicly accessible. Compared with these models, Thailand's legal framework has many gaps. It remains to be seen how artificial intelligence will be applied to Tort Law under the Civil and Commercial Code and whether a stand-alone chatbot can qualify as a “product” under the Unsafe Product Liability Act. Also, the draft National Artificial Intelligence Innovation Promotion and Support Act, B.E. .... does not contain any practical enforcement tools such as mandatory pre-market safety checks, transparency rules and emotional safeguards for minors. Accordingly, this study proposes reforms to Thai law to establish strict product liability for Artificial Intelligence, require proactive safety regulations for providers, and provide more robust safeguards for vulnerable users. It will eventually lead to a compromise between technological innovation and the protection of human life. |
