Artificial intelligence (AI) has rapidly developed in recent years and has become a widely used technology in various sectors, including healthcare, finance, transportation, and law. AI systems play an active role in decision-making processes, significantly impacting human life. However, these advancements raise the question of how legal liability should be determined in cases where AI causes harm. This article discusses the fundamental concepts of AI's legal liability, existing legal regulations, and possible solutions.
Types of Artificial Intelligence
Reactive and limited memory AI: The most commonly used type in daily life.
AI with theory of mind and consciousness: Still under development, with humanoid robots like Sophia as an example.
Self-aware AI: A future AI type with its own consciousness and self-awareness.
Legal Status of Artificial Intelligence
There are different perspectives on whether AI should be considered a subject of rights or merely an object of rights.
In this context, AI has been proposed to be classified as property, a slave, a legal entity, or an electronic person.
The Artificial Intelligence Act, adopted by the European Parliament, and the OECD’s definition provide important guidance in determining the legal status of AI.
It is emphasized that AI is a machine-based system and should remain a human-centered technology.
Legal Liability in AI Context
Legal liability refers to the obligation of a person or institution to compensate for damages caused by an unlawful act. Under Turkish law, legal liability is categorized into contractual liability and tort liability.
Determining liability in the AI context requires evaluating factors such as autonomy, predictability, and controllability. Since AI can make and execute decisions independently, it challenges traditional liability concepts.
In cases where AI causes harm, different approaches to liability are considered, including fault liability, strict liability, and risk-based liability.
1. Fault-Based Liability
If AI causes damage, the fault of developers, manufacturers, or users may be investigated. However, since AI is a learning system, it may not always be possible for developers to predict all possible outcomes.
2. Strict (Risk-Based) Liability
Since AI systems pose inherent risks, a strict liability approach may be adopted. For example, in cases where autonomous vehicles cause accidents, responsibility may lie more with the manufacturer or software developer than with the driver.
3. Product Liability
If AI-driven devices or services are considered products, manufacturers or service providers could be held responsible for defective products or services. This approach has been adopted in the European Union, and similar regulations are expected in Turkey.
International Legal Regulations on AI Liability
Various countries and international organizations are implementing legal regulations regarding AI liability:
European Union: The Artificial Intelligence Act introduces comprehensive regulations, particularly imposing strict rules on high-risk AI applications.
United States Law: AI providers are subject to product liability principles and consumer protection laws.
United Nations and OECD: These organizations are working to establish global standards for the ethical use and accountability of AI.
These regulations serve as important references for future legal reforms in Turkey as well.
