ABSTRACT
The chapter addresses the notion of psychological harm inflicted upon consumers by AI systems. It demonstrates that the risk posed to consumers’ mental health by AI systems is real and should be addressed, yet the approach taken by the EU in its AIA Proposal is suboptimal. The Regulation would either outlaw certain AI systems used by companies like Meta, Google, or Twitter or leave them unregulated. The chapter calls for a more nuanced approach. On the one hand, the law’s understanding of psychological harm needs to be clarified, as the notion is much murkier than one would assume. On the other hand, instead of deploying a one-size-fits-all solution, policymakers should differentiate the strategies for combatting psychological harm, depending on the precise kind of risk to be managed.
Pałka, Przemysław, AI, Consumers and Psychological Harm (July 15, 2023) in AI and Consumers, Larry DiMatteo, Cristina Poncibò, Martin Hogg and Geraint Howells (eds), Cambridge University Press (2023/2024).
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