Legal remedies for AI-generated reputational harm

The widespread use of generative artificial intelligence (GenAI) has increased the risk of reputational harm caused by false or “hallucinated” outputs. This article explores how the European Union legal framework, together with selected Member States’ legal systems, addresses liability and remedies for such harms, with particular attention to defamation, product liability, noncontractual liability and data protection. Then, the article analyzes the remedies available to injured parties, focusing on claims for damages, injunctive relief and the exercise of data protection rights. While national legal systems generally allow compensation for nonpecuniary damage resulting from violations of personality rights, the amounts awarded are likely to be minimal due to the limited dissemination of AI-generated content. Consequently, the article argues that prohibitory injunctions aimed at preventing the publication of identical or equivalent false information frequently offer a more robust form of protection than financial redress. Finally, operators of GenAI systems must comply with the principles relating to the processing of personal data, particularly the principle of accuracy and ensure the effective exercise of data protection rights; otherwise, data subjects may bring an action for compensation against the data controller under Article 82 of the General Data Protection Regulation.