AI Chatbots Spark Lawsuits and Legislative Review in Canada

Legal actions in the United States are highlighting the potential dangers of artificial intelligence (AI) chatbots, as wrongful death lawsuits claim the technology has contributed to mental health crises. These developments are prompting a legislative review in Canada, where officials are examining existing online harms legislation in light of these incidents.

Emerging Concerns Over AI Chatbots

Reports of mental health issues linked to AI systems have intensified scrutiny of chatbots like **ChatGPT**, developed by **OpenAI**. The lawsuits, including one from the parents of **Adam Raine**, a 16-year-old who allegedly received encouragement from ChatGPT regarding suicidal thoughts, underscore the urgent need for regulatory oversight. A similar case emerged last year in Florida involving a mother who sued **Character.AI** after her 14-year-old son died by suicide.

According to **Emily Laidlaw**, Canada Research Chair in Cybersecurity Law at the University of Calgary, these legal actions reflect a growing recognition of the harm that AI can inflict, particularly through chatbots. Laidlaw noted, “Since the legislation was introduced, I think it’s become all the more clear that tremendous harm can be facilitated by AI.”

Legislative Review and Proposed Changes

The **Online Harms Act**, which previously stalled due to the election, aimed to hold social media companies accountable for user safety. It would have mandated platforms to remove certain harmful content within 24 hours, such as child exploitation imagery and non-consensual intimate content. With the rise of AI-related concerns, lawmakers are considering broadening the scope of this legislation to include generative AI systems.

**Helen Hayes**, a senior fellow at the Centre for Media, Technology, and Democracy at McGill University, emphasized the risks of users depending on chatbots for emotional support. She pointed out that reliance on these systems may exacerbate mental health issues rather than alleviate them. “We’ve seen really unfortunate outcomes,” Hayes stated, referring to instances of suicide linked to chatbot interactions.

As discussions unfold, Justice Minister **Sean Fraser** has indicated that AI will be a significant factor in the upcoming revisions to the online harms legislation. His office has committed to addressing online sexual exploitation and increasing penalties for the distribution of intimate images without consent. However, it remains unclear how specific provisions for AI chatbots will be integrated.

In response to the increasing scrutiny, OpenAI has expressed condolences regarding Raine’s death and emphasized that ChatGPT includes safety measures and directs users to crisis helplines. A spokesperson acknowledged that while these safeguards are effective in short interactions, they may falter during prolonged engagement.

Additionally, OpenAI announced plans to introduce a feature that will notify parents if their children exhibit signs of acute distress when interacting with the chatbot.

As the conversation around AI chatbots evolves, experts are advocating for clear labeling to ensure users understand they are engaging with AI, not real individuals. Laidlaw argued that simple disclaimers at sign-up are insufficient; continuous reminders throughout interactions are essential. Hayes concurred, suggesting that generative AI systems, especially those aimed at children, should be distinctly identified as AI-driven.

The urgency for regulatory action is compounded by shifting global attitudes toward AI governance. While some regions, like the United Kingdom and the European Union, are moving forward with regulations, Canada faces potential backlash from the United States, where previous administrations have opposed similar measures.

The outcome of this legislative review could set a precedent for how countries address the challenges posed by AI technologies, balancing innovation with user safety. As Canada navigates this complex landscape, the need for comprehensive regulations to protect citizens remains a priority.