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The Ethical and Legal Complexities of Regulating Companion AI Chatbots

Teo, Sue Anne LU orcid (2027) In Law, Innovation and Technology 19(1).
Abstract
Companion AI chatbots are increasingly used to provide friendship, emotional support, and quasi-romantic relationships, with reported benefits for loneliness and mental health. At the same time, recent suicides and other serious harms allegedly linked to such systems expose gaps in existing ethical and legal frameworks. This article interrogates these gaps through four lenses: anthropomorphism, emotional AI, emergent vulnerabilities, and mismatched legal taxonomies. First, we show how companion chatbots rely on anthropomorphic cues, creating a regulatory tension between enabling meaningful connection and avoiding deception, over-trust, and unhealthy dependency. Second, we argue that current debates on ‘emotional AI’ over-emphasise emotion... (More)
Companion AI chatbots are increasingly used to provide friendship, emotional support, and quasi-romantic relationships, with reported benefits for loneliness and mental health. At the same time, recent suicides and other serious harms allegedly linked to such systems expose gaps in existing ethical and legal frameworks. This article interrogates these gaps through four lenses: anthropomorphism, emotional AI, emergent vulnerabilities, and mismatched legal taxonomies. First, we show how companion chatbots rely on anthropomorphic cues, creating a regulatory tension between enabling meaningful connection and avoiding deception, over-trust, and unhealthy dependency. Second, we argue that current debates on ‘emotional AI’ over-emphasise emotion recognition and under-theorise emulated empathy, where chatbots solicit self-disclosure and perform care in ways that can both support and undermine users’ autonomy. Third, we introduce the notion of emergent vulnerabilities that arise through ongoing interactions, rather than being fully specifiable ex ante, challenging legal regimes that presuppose stable vulnerability categories. Fourth, we show how instruments such as the EU AI Act misalign with the temporality, intentionality, and relational character of companion AI harms. Stepping back from these lenses, we argue for the development of a dedicated theory of harm for companion AI and propose ‘intimacy capitalism’ as a conceptual framework for analysing how firms monetise, shape, and potentially exploit digitally mediated intimate relations. (Less)
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author
author collaboration
organization
publishing date
type
Contribution to journal
publication status
in press
subject
keywords
Legal informatics, Legal philosophy, Rättsinformatik, Rättsfilosofi
in
Law, Innovation and Technology
volume
19
issue
1
publisher
Taylor & Francis
ISSN
1757-9961
project
Anthropomorphic AI and emergent vulnerabilities: An empirically informed legal evaluation of the protection of users of AI chatbots (AAI)
language
English
LU publication?
yes
id
01283f65-6f24-4249-8cf5-94c73b1d0685
date added to LUP
2026-03-13 10:22:38
date last changed
2026-03-27 11:50:09
@article{01283f65-6f24-4249-8cf5-94c73b1d0685,
  abstract     = {{Companion AI chatbots are increasingly used to provide friendship, emotional support, and quasi-romantic relationships, with reported benefits for loneliness and mental health. At the same time, recent suicides and other serious harms allegedly linked to such systems expose gaps in existing ethical and legal frameworks. This article interrogates these gaps through four lenses: anthropomorphism, emotional AI, emergent vulnerabilities, and mismatched legal taxonomies. First, we show how companion chatbots rely on anthropomorphic cues, creating a regulatory tension between enabling meaningful connection and avoiding deception, over-trust, and unhealthy dependency. Second, we argue that current debates on ‘emotional AI’ over-emphasise emotion recognition and under-theorise emulated empathy, where chatbots solicit self-disclosure and perform care in ways that can both support and undermine users’ autonomy. Third, we introduce the notion of emergent vulnerabilities that arise through ongoing interactions, rather than being fully specifiable ex ante, challenging legal regimes that presuppose stable vulnerability categories. Fourth, we show how instruments such as the EU AI Act misalign with the temporality, intentionality, and relational character of companion AI harms. Stepping back from these lenses, we argue for the development of a dedicated theory of harm for companion AI and propose ‘intimacy capitalism’ as a conceptual framework for analysing how firms monetise, shape, and potentially exploit digitally mediated intimate relations.}},
  author       = {{Teo, Sue Anne}},
  issn         = {{1757-9961}},
  keywords     = {{Legal informatics; Legal philosophy; Rättsinformatik; Rättsfilosofi}},
  language     = {{eng}},
  number       = {{1}},
  publisher    = {{Taylor & Francis}},
  series       = {{Law, Innovation and Technology}},
  title        = {{The Ethical and Legal Complexities of Regulating Companion AI Chatbots}},
  url          = {{https://lup.lub.lu.se/search/files/244841408/Ethical_and_Legal_complexities_of_regulating_companion_chatbots.pdf}},
  volume       = {{19}},
  year         = {{2027}},
}