Do large language models have a legal duty to tell the truth?

Careless speech is a new type of harm created by large language models (LLM) that poses cumulative, long-term risks to science, education and shared social truth in democratic societies. LLMs produce responses that are plausible, helpful and confident, but that contain factual inaccuracies, misleading references and biased information. These subtle mistruths are poised to cumulatively degrade and homogenize knowledge over time. This article examines the existence and feasibility of a legal duty for LLM providers to create models that 'tell the truth'. We argue that LLM providers should be required to mitigate careless speech and better align their models with truth through open, democratic processes. We define careless speech against 'ground truth' in LLMs and related risks including hallucinations, misinformation and disinformation. We assess the existence of truth-related obligations in EU human rights law and the Artificial Intelligence Act, Digital Services Act, Product Liability Directive and Artificial Intelligence Liability Directive. Current frameworks contain limited, sector-specific truth duties. Drawing on duties in science and academia, education, archives and libraries, and a German case in which Google was held liable for defamation caused by autocomplete, we propose a pathway to create a legal truth duty for providers of narrow- and general-purpose LLMs.

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Publication Details

Journal
Royal Society Open Science
Published
2024-08-01
DOI
https://doi.org/10.1098/rsos.240197
Citations
39
Primary Topic
Hate Speech and Cyberbullying Detection
Type
article
Field-Weighted Citation Impact
13.55

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article

Do large language models have a legal duty to tell the truth?

Chris Russell, Sandra Wachter, Brent Mittelstadt
39 citations
Royal Society Open Science
Hate Speech and Cyberbullying Detection
13.55
article

Do large language models have a legal duty to tell the truth?

Chris Russell, Sandra Wachter, Brent Mittelstadt
article en
39 citations

Abstract

Careless speech is a new type of harm created by large language models (LLM) that poses cumulative, long-term risks to science, education and shared social truth in democratic societies. LLMs produce responses that are plausible, helpful and confident, but that contain factual inaccuracies, misleading references and biased information. These subtle mistruths are poised to cumulatively degrade and homogenize knowledge over time. This article examines the existence and feasibility of a legal duty for LLM providers to create models that 'tell the truth'. We argue that LLM providers should be required to mitigate careless speech and better align their models with truth through open, democratic processes. We define careless speech against 'ground truth' in LLMs and related risks including hallucinations, misinformation and disinformation. We assess the existence of truth-related obligations in EU human rights law and the Artificial Intelligence Act, Digital Services Act, Product Liability Directive and Artificial Intelligence Liability Directive. Current frameworks contain limited, sector-specific truth duties. Drawing on duties in science and academia, education, archives and libraries, and a German case in which Google was held liable for defamation caused by autocomplete, we propose a pathway to create a legal truth duty for providers of narrow- and general-purpose LLMs.

Royal Society Open ScienceVol. 11(8)
University of Oxford (GB)
Alfred P. Sloan Foundation, Wellcome Trust, Department of Health and Social Care, Engineering and Physical Sciences Research Council
Peace, Justice and strong institutions
Openalex Percentile: Top 1%
Hate Speech and Cyberbullying Detection
13.55
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