The basis of civil liability of factors related to the performance of artificial intelligence systems in European Union documents and Iranian law

Document Type : Original Article

Author

assistant professor of qazvin islamic azad university

Abstract

in the European Union documents, with regard to the determination of a distinct civil liability (no fault) for the manufacturer of a defective product since the adoption of the Directive (PLD)in1985, The liability of AI producers was also regulated in 2022 with a proposed amendment to the same regulation based on no-fault liability.. For providers and deployers of AI systems, Due to lack of prior legislative history, a separate and new proposed regulation, called AILD, and the AI Act 2024, Which, unlike the manufacturer based on the degree of risk, tend towards presumpted fault-based liability for high-risk systems and fault-based liability for low-risk systems. However, there is some ambiguity and overlap in scope of some titles such as manufacturer, operator, provider in these documents. In the current Iranian legal system, the Consumer Protection Law can be considered to include no-fault liability of the manufacturer (including the supplier) of defective artificial intelligence systems by removing the note in Article 2 of this law. With respect to users of artificial intelligence systems, Article 78 of the Electronic Commerce Law and Note 2 of Article 526 of the Civil Code cannot, in the current situation, respond to the risk levels of artificial intelligence systems. the author's proposal, similar to the classification governing European Union documents, is to establish new laws or amend existing laws based on a system of no-fault liability for manufacturers, assumed fault-based liability for providers and deployers of high-risk systems, and fault-based liability for low-risk systems.

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Articles in Press, Accepted Manuscript
Available Online from 10 May 2025
  • Receive Date: 03 June 2024
  • Revise Date: 07 April 2025
  • Accept Date: 10 May 2025