Andrew Bell, ‘Directors’ Duties in the AI Era’

ABSTRACT
The public emergence of generative AI (‘Gen AI’) in late 2022 has had, and continues to have, profound effects across the board but its value, efficacy and impact may vary between different contexts. Corporations, directors and officers are subject to important and onerous statutory responsibilities. This article explores some of the challenges and implications of the emergence and availability of Gen AI for corporate and director/officer responsibility, including whether AI bots could be liable as shadow directors, the impact of AI on the way directors fulfil their duty of care and diligence, and the effect of AI participation and transcription in boardrooms.

The Hon Chief Justice Andrew Bell AC, Directors’ Duties in the AI Era (2026) 50 Melbourne University Law Review (1) 181.

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