The Criminal Risks of Generative AI Content Dissemination: A Case Study of the First Domestic Case of ChatGPT Fabricating False Information

Abstract

Currently, generative AI is deeply integrated into the field of information dissemination. While its ability to generate automated content enhances efficiency, it also gives rise to legal and criminal risks such as the spread of false information. The first domestic case of ChatGPT fabricating false information has further pushed such risks to the forefront of judicial practice. However, the current legal framework is not adapted to the characteristics of AI technology. There are gaps in the determination of responsibility for AI false information and the application of legal provisions, which leads to ambiguous rights and responsibilities in practice and compliance difficulties in case handling. This article sorts out the core facts and disputes of the case, analyzes the difficulties in the application of the law through qualitative analysis, and finds that the current supervision lags behind in regulating AI-generated content and lacks targeted provisions. It proposes that legislative research should be strengthened and the integration of law and AI should be promoted to achieve collaborative governance. This study offers a new perspective on the legal liability determination of generative AI, fills the theoretical gap in judicial practice, builds a complete regulatory framework, and also provides empirical references and practical guidance for policymakers to improve AI supervision.

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