생성형 인공지능(AI)을 이용한 명예훼손 범죄의 책임귀속 주체와 그 내용에 관한 고찰

Abstract

Defamation is a legal concept under criminal law that deals with the act of damaging an individual's social reputation through the disclosure of factual statements or the assertion of false information. Before the advent of the AI era, speech, actions, newspapers, magazines, radio, and publications were the primary means of defamation. However, in the digital age, defamation can quickly cause harm to many across borders through cyberspace. Furthermore, the crime of defamation using generative AI technology has reached a critical turning point. The rapid development of generative AI technology, exemplified by ChatGPT, now enables anyone to quickly and cheaply create false information or fake videos, which can be posted on online platforms and social network services (SNS) such as Facebook and Instagram. This allows for the instantaneous spread and reproduction of content, causing irreparable and widespread harm. Since generative AI is neither a human nor a legal person, a defamation lawsuit cannot be filed directly against the AI itself. However, under certain conditions, those who directly use generative AI systems, the service providers, and the AI designers/developers can be held criminally responsible. Therefore, this paper aims to examine who bears the responsibility in cases of defamation involving generative AI, and what the specific details of that responsibility are, by exploring the challenges that current and future parties in defamation lawsuits will face. First, the paper will address the new legal issues surrounding defamation crimes brought about by the emergence of generative AI technology. Next, it will consider the parties responsible for defamation crimes involving generative AI, including direct users of generative AI, service providers, developers/designers, and generative AI itself. Third, regarding the criminal liability in defamation crimes using generative AI, it will explore key legal issues such as the application of defamation laws under Act On Promotion Of Information And Communications Network Utilization And Information Protection to direct users, the conditions for establishing the liability of service providers as accomplices through omission, whether the justification of Article 310 of the Criminal Act applies to direct users, and the issue of mistake under Article 310 of the Criminal Act. This Article aims to provide insights into the evolving legal principles and potential solutions regarding defamation crimes involving generative AI. Through this, the paper seeks to actively address the potential social harm caused by defamation in the era of generative AI and contribute to the ongoing discourse surrounding the legal framework necessary to protect freedom of speech and expression. It also highlights the need for regulations related to the responsible development of generative AI technology.