The Frontiers of Society, Science and Technology, 2025, 7(8); doi: 10.25236/FSST.2025.070805.
Xihui Liu
Law School, Shandong University of Technology, Zibo, Shandong, China
With the explosive development of generative artificial intelligence (AI), its outputs, while empowering society, have also triggered significant criminal legal risks. This paper focuses on three typical behaviors: using AI to generate false information, creating deepfakes, and infringing copyright, analyzing in depth the challenges in their qualification under the current criminal law system. The study finds that these difficulties are mainly reflected in the ambiguity of act characterization, the complexity of identifying criminal subjects, the difficulty in proving subjective culpability, and gaps in the scope of criminal law regulation. To address these dilemmas, this paper proposes adhering to a proactive yet prudent view of criminal law, effectively regulating the criminal risks of AI-generated content through reasonable interpretation of existing charges, exploring the addition of specific offenses, and constructing a tiered legal responsibility system, thereby seeking a balance between encouraging technological innovation and maintaining social order.
AI-Generated Content, Criminal Legal Risks, Deepfakes, False Information, Copyright, Criminal Law Regulation
Xihui Liu. Defining and Regulating Criminal Legal Risks of AI-Generated Content. The Frontiers of Society, Science and Technology (2025), Vol. 7, Issue 8: 28-33. https://doi.org/10.25236/FSST.2025.070805.
[1] Zhang, Y. Criminal Risks of Generative Artificial Intelligence and Its Countermeasures. Chinese Criminal Science, 2023 (5),78-95.
[2] Jia, Y. On the Criminal Law Qualification of Using Artificial Intelligence to Generate False Information. Law Science Magazine, (2023)44(7), 122-136.
[3] Wang, S. Z. The Alienation of Crime in the Digital Age and Its Criminal Law Response: An Analysis Based on Deepfakes. Legal Forum, (2022)37(6), 112-123.
[4] Wang, H. W. Criminal Governance of Deepfake Technology: From False Information to Personality Rights Infringement. Chinese Criminal Science, (2021) (5), 105-121.
[5] Sun, D. C. Copyright Identification and Criminal Protection Boundaries of AI-Generated Content. Intellectual Property, (2022) (11), 56-71.
[6] Yang, N. Research on Copyright Issues of AI-Generated Content in the Digital Economy. Electronics Intellectual Property, (2022) (8), 45-58.
[7] Liu, Y. H. The Change of Legal Interest in Data Crime and the Path of Imputation in the AI Era. Chinese Journal of Law, (2023)45(4), 99-117.
[8] Jiang, Y. The Dilemma and Outlet of Criminal Law Regulation on 'AI Face-Swapping' Behavior. Journal of National Prosecutors College, (2023)31(2), 155-170.
[9] Guo, Z. L. Research on the Rules for Identifying 'Knowing' in Platform Liability for Cybercrime. Law Review, (2022)40(4), 178-190.
[10] Li, C. Judicial Expansion and Restriction of the Crime of Infringing on Citizens' Personal Information in the Context of Deepfake Technology. ECUPL Journal, 2023(4), 133-145.
[11] Solove, D. J. The Myth of the Privacy Paradox. George Washington Law Review, 2021 (1), 1-51.
[12] Zhou, G. Q. The Criminal Law Response to New Types of Cybercrimes: From the Perspective of AIGC and Deepfakes. Peking University Law Journal, 2023(5), 1157-1175.
[13] Lemley, M. A., & Casey, B. Fair Learning. Texas Law Review, 2021(4), 743-786.
[14] Gao, Y. D. The Reconstruction of the Criminal Law Evaluation System for AI-Synthesized Videos. Chinese Criminal Science, 2023 (2), 89-103.
[15] Zhang, M., & Zhu, R. Regulating AI-Generated Content: A Chinese Perspective. Computer Law & Security Review, 2023, 48, 105-123.
[16] Chen, X. Difficulties and Solutions in the Criminal Imputation of Generative AI Models. Tribune of Political Science and Law, 2023 (1), 88-101.
[17] Liu, X. Q., & Lin, Y. J. The Challenge of Criminal Imputation for AI's 'Black Box' Decision-Making and Its Resolution. Contemporary Law Review, 2024(1), 87-99.
[18] Lao, D. Y. Risk Distribution and Criminal Imputation: Reflection on Causation Theory. Tribune of Political Science and Law, 2020 (6), 3-18.
[19] Ouyang, B. Q., & Wang, Q. The Construction of a Criminal Imputation System for Generative Artificial Intelligence. Journal of Comparative Law, 2023 (3), 134-149.