B · Normal
[Supreme Court: Using artificial intelligence to "impersonate celebrities to bring goods" constitutes fraud and supports punitive damages] On September 7, the Supreme People's Court issued the "Opinions on the Legal Trial of Cases Involving Artificial Intelligence Disputes" on September 7. In terms of protecting people's livelihood rights and interests, the "Opinions" mainly provide the following provisions: First, increase judicial protection of personal rights and interests. Currently, illegal activities such as AI face-changing, AI voice imitation, and "network unboxing" occur from time to time, and all sectors of society are highly concerned. To this end, the "Opinions" clearly regulate the accountability for the use of artificial intelligence to infringe on portrait rights, reputation rights, privacy rights, voice rights, etc., so as to give full play to the normative and leading functions of judicial judgment and promote artificial intelligence to be good. Second, protect personal information rights and interests in accordance with the law. Large-scale, high-quality training data is the cornerstone of the development of artificial intelligence technology.
In order to balance and take into account the protection of personal information rights and interests and the promotion of the development of the artificial intelligence industry, the "Opinions" are clearly for artificial intelligence model training in accordance with the Civil Code, the Personal Information Protection Law and other legal provisions. If the personal information that has been legally disclosed is processed within a reasonable range and the individual does not explicitly refuse, it will generally not be considered as infringement. However, if it has a significant impact on personal rights and interests, the individual's consent must be obtained in accordance with legal provisions. Third, we must regulate in accordance with the law the behaviors that infringe on the legitimate rights and interests of consumers, such as "big data killing" and "imitation of celebrities to bring goods". Recently, "big data killing of familiarity" caused by AI algorithms has been repeatedly exposed, and "counterfeiting celebrities to bring goods" has also attracted much attention. We cannot expect consumers to be "fierce-eyed". The law must show its sword in a timely manner to safeguard the legitimate rights and interests of consumers. To this end, the "Opinions" clarify that for the same goods or services, if an operator uses algorithms to implement unreasonable differential treatment in terms of transaction prices and other trading conditions, thereby infringing upon the legitimate rights and interests of others and causing damage, the People's Court shall determine that it bears corresponding tort liability in accordance with the law;
If artificial intelligence is used to "impersonate celebrities to bring goods" and it constitutes fraud, and consumers claim punitive damages, the people's court will support it in accordance with the law.
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