Daños derivados de la inteligencia artificial generativa: el alcance de la responsabilidad civil por el uso y creación de sistemas de IA destinados a la generación de deepfakes

Abstract

The generative AI boom has given rise to numerous legal challenges, particularly regarding the scope of civil liability derived from the use and creation of deepfake-generating systems, by which significant harm can be caused, including at the psychological, spiritual, and personal integrity levels. The extent of liability for users, programmers, and developers must be addressed considering that not all applications of AI can be uniformly regulated. While the creation of deepfakes may be regarded as a risky activity (strict liability), the contextual circumstances surrounding their generation could eliminate such risky nature (personal liability); furthermore, the liability of programmers and developers might be excluded by invoking the doctrine that the negligent contribution to the commission of a crime should go unpunished, which is specific to the strict liability theory. The Argentine legal system has the necessary tools to approach this; however, specialized regulation is required.