ESTABLISHING LEGAL MEASURES FOR ARTIFICIAL INTELLIGENCE

Abstract

            This academic article examines the legal problems and obstacles concerning artificial intelligence (AI) in Thailand, where there is still no clear legal framework governing AI systems. The absence of specific legislation creates uncertainty when damage or harm is caused by AI. Current Thai law does not yet provide concrete legal measures to support or regulate the use of AI. As a result, when harm occurs through the use of an AI system, the owner or controller of the property in which the AI is used is responsible under existing civil and criminal law — even if the harm is caused by an error or malfunction of the AI system. At present, there is no legal provision that imposes liability on the developers or creators of the AI system. They will only be liable if it can be clearly proven that the damage resulted from faults in the design or development of the AI technology. In practice, such proof is extremely difficult due to the complexity and opacity of AI mechanisms and decision-making processes. Furthermore, the Product Liability Act B.E.2551 does not yet provide clear guidance on whether and how it should apply to damage caused by AI systems. This lack of clarity raises significant concerns regarding responsibility and legal certainty for victims, users, and businesses that deploy AI. Therefore, the law should establish specific legal measures for artificial intelligence, to ensure legal certainty, promote responsible use, and enhance public confidence. Clear rules relating to liability arising from AI malfunction are needed in order to harmonize the development of technology-related legislation with the Constitution of the Kingdom of Thailand and with international legal systems where AI-specific regulatory frameworks are already being considered or implemented.