المسؤولية المدنية عن فعل الذكاء الاصطناعي

المسؤولية المدنية عن فعل الذكاء الاصطناعي

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Civil Liability for the Actions of Artificial Intelligence

The rapid development of artificial intelligence (AI) technologies has transformed multiple aspects of modern life, from healthcare and transportation to finance and entertainment. While AI offers remarkable opportunities for innovation, it also raises complex legal and ethical questions, particularly regarding civil liability for the actions of AI systems.

Civil liability refers to the legal responsibility of an individual or entity to compensate for harm or damage caused to another party. Traditionally, liability is based on human actions, negligence, or intentional misconduct. However, when an AI system causes damage—such as a self-driving car causing an accident, or an algorithm making a harmful financial decision—the question arises: who should be held responsible?

Several approaches have been proposed to address AI-related liability. One approach is direct liability of the AI operator or developer, holding those who design, program, or deploy AI systems accountable for the system’s actions. This model emphasizes that humans are ultimately responsible for the tools they

create and deploy.

Another approach considers strict liability, where the owner or user of an AI system is held liable regardless of fault, similar to liability frameworks for dangerous activities or products. This could simplify claims for victims, ensuring compensation without requiring proof of negligence.

Some legal scholars have even suggested granting AI systems a form of legal personality, making them liable for their own actions. While this idea is controversial and has not been widely adopted, it raises fundamental questions about agency, autonomy, and accountability in AI.

The issue of civil liability for AI actions is further complicated by the opacity of many AI systems, especially those using machine learning. Determining causation—whether the AI’s decision directly caused the harm—can be challenging when outcomes emerge from complex algorithms rather than explicit instructions.

In conclusion, as AI continues to permeate society, establishing clear legal frameworks for civil liability is essential. Balancing innovation with accountability requires careful consideration of responsibility, foreseeability, and the capacity to compensate victims. Policymakers, legal professionals, and technologists must collaborate to create a system that ensures safety, fairness, and trust in AI technologies.

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