Programming and material defects in AI technologies as bases for civil liability: A study within the scope of Jordanian law and EU legislation

Abstract

This paper investigates the material characteristics of artificial intelligence (AI) technologies as a legal foundation for the imposition of civil liability for damages pursuant to Jordanian law and European Union (EU) regulations (Rahman et al., 2024; Regulation (EU) 2024/1689 of the European Parliament and of the Council of 13 June 2024 laying down harmonised rules on artificial intelligence, 2024). The study problem entails considering AI as an autonomous entity, despite its reliance on software operating within a physical medium, hence questioning the adequacy of existing legal systems. The study aims to assess the sufficiency of current laws in reflecting material reality and to ascertain whether legal accountability should be attributed to AI systems or to the humans responsible for their design, development, and operation. A descriptive, analytical, and comparative approach is employed to examine relevant legislative texts, ethical frameworks, and current European regulatory instruments. The results show that Jordanian law has a glaring vacuum in that it only has non-binding ethical principles. In contrast, the EU has standards that recognize AI technology as a complicated industrial product that can be held liable for defective products. The study indicates that acknowledging the material essence of AI establishes a more cohesive and legally robust framework for civil responsibility, advocating for legislative reform in Jordan in accordance with recent European advancements.

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