Responsibility for AI-generated content

In the era of widespread artificial intelligence services, the question of who and how is responsible for the infringements of other people’s rights caused by using AI-generated content arises more and more frequently.

A German court (Munich Regional Court) recently ruled on a case in which two publishers sought to prohibit Google from publishing false information in its “AI Overview”. This feature involves artificial intelligence generating summaries that appear above regular search results with the headline “AI Overview”. In this particular case, the AI responded to queries about the publishers by reporting their alleged involvement in fraud and unfair market practices, warning users against engaging with them.

In the judgment of 28 May 2026, the court stated that Google is liable for violation of personal rights due to untrue information generated by artificial intelligence.

In the case of texts from the “AI Overview” section, it is not only about displaying search results and linking to other websites but about independent content that should be assigned to the owner of the portal. Answers to queries are formulated in own words, compiled according to  own concept from various sources and based on own assessment of the importance of the search results and their content.

The summary generated by AI is therefore based on the independent evaluation and presentation of specific content according to algorithms known only to the service provider and on which third parties have no influence. What is more, it would be possible to continue using the search engine without AI- generated summaries and suggestions.

In the opinion of the German court, it is therefore not permissible to invoke the limitation of liability of host providers applicable to search engines pursuant to Art. 6(1) of the Digital Services Act. The owner a search engine is generally not responsible for content published by other people on websites to which it refers, unless it has knowledge of its illegal nature. Only after obtaining such knowledge they are obliged to take appropriate actions in accordance with the “notice and take down” principle. This solution is not sufficient in the case of the AI-based feature offered by Google.

The judgment of the Regional Court in Munich is a ground-breaking decision because it confirms civil liability for content generated by artificial intelligence. It may set the direction for case law on liability when using AI-based tools. It is also a response to emerging concerns about the loss of control over artificial intelligence and demands for legal regulation of AI-related issues.

• judgment of the Regional Court in Munich of 28 May 2026, case ref. no 26 O 869/26