Artificial Intelligence And Algorithmic Torts: Determining Applicable Law In Cross-Border Digital Harm
- IJLLR Journal
- Mar 19
- 2 min read
Abdul Natheer Khan M, Vinayaka Mission's Law School
Prof. Dr. Fowmina, Vinayaka Mission's Law School
Abhinayashree R, Vinayaka Mission's Law School
ABSTRACT
Artificial Intelligence (AI) has become an important part of modern digital systems. Algorithms are widely used in areas such as online platforms, financial services, healthcare technologies, and automated decision-making systems. While these technologies provide efficiency and innovation, they also raise serious legal concerns when an automated system causes harm to individuals. Traditional tort law was primarily developed to address wrongful acts committed by human actors. However, when damage occurs as a result of algorithmic decision-making, determining legal responsibility becomes more complicated.
This research paper examines the concept of algorithmic torts and analyses how traditional tort law principles apply to harm caused by artificial intelligence systems. The study particularly focuses on cross-border digital disputes where the design, operation, and impact of an AI system may occur in different jurisdictions.
The central research question of this study is: Which legal system should apply when harm is caused by artificial intelligence operating across national borders? The research also explores whether existing tort principles such as negligence, duty of care, and product liability are sufficient to address algorithmic harm.
The study adopts a doctrinal method of research, analysing legal principles, judicial decisions, and contemporary developments related to artificial intelligence regulation. It also examines how Private International Law determines jurisdiction and applicable law in cross-border disputes.
The research concludes that while traditional tort principles provide a useful legal foundation, the increasing complexity of artificial intelligence technologies requires clearer rules regarding liability and jurisdiction. Strengthening legal frameworks and developing international cooperation will be essential to effectively regulate algorithmic harm in the future.
Keywords: Artificial Intelligence, Algorithmic Torts, Tort Liability, Private International Law, Cross-Border Disputes, Digital Harm, Jurisdiction.
