Generative Discrimination: What Happens When Generative AI Exhibits Bias, and What Can Be Done About It


Paper by Philipp Hacker, Frederik Zuiderveen Borgesius, Brent Mittelstadt and Sandra Wachter: “Generative AI (genAI) technologies, while beneficial, risk increasing discrimination by producing demeaning content and subtle biases through inadequate representation of protected groups. This chapter examines these issues, categorizing problematic outputs into three legal categories: discriminatory content; harassment; and legally hard cases like harmful stereotypes. It argues for holding genAI providers and deployers liable for discriminatory outputs and highlights the inadequacy of traditional legal frameworks to address genAI-specific issues. The chapter suggests updating EU laws to mitigate biases in training and input data, mandating testing and auditing, and evolving legislation to enforce standards for bias mitigation and inclusivity as technology advances…(More)”.