Reputation Management in the ChatGPT Era

TL;DR

This paper examines legal protections like libel and data protection laws against reputational harm caused by generative AI systems like ChatGPT, highlighting their limitations and the need for systemic solutions.

Contribution

It analyzes current legal tools for reputation management in the AI era, emphasizing their shortcomings and proposing the need for a broader, systemic approach.

Findings

Libel law offers limited protection due to lack of harmonization.

Data subject rights may provide meaningful protection but face technical challenges.

Current remedies are insufficient, requiring systemic solutions.

Abstract

Generative AI systems often generate outputs about real people, even when not explicitly prompted to do so. This can lead to significant reputational and privacy harms, especially when sensitive, misleading, and outright false. This paper considers what legal tools currently exist to protect such individuals, with a particular focus on defamation and data protection law. We explore the potential of libel law, arguing that it is a potential but not an ideal remedy, due to lack of harmonization, and the focus on damages rather than systematic prevention of future libel. We then turn to data protection law, arguing that the data subject rights to erasure and rectification may offer some more meaningful protection, although the technical feasibility of compliance is a matter of ongoing research. We conclude by noting the limitations of these individualistic remedies and hint at the need for a more systemic, environmental approach to protecting the infosphere against generative AI.