Platform-Facilitated Grooming and AI Chatbots: Rethinking Criminal Liability and Regulation

The use of artificial intelligence chatbots that mirror human interaction and emotional closeness has given rise to new forms of crime. Traditional online grooming is generally conceptualized as an offence in which a human perpetrator plans, initiates, and executes criminal conduct. However, the increasing involvement of artificial intelligence has introduced novel and complex scenarios. AI systems may either autonomously engage in conduct that facilitates the sexual exploitation of children or serve as tools that enhance, automate, or scale offenders’ activities. These developments challenge the traditional understanding of the offence and expose significant gaps in existing legal frameworks. Consequently, current regulatory approaches may prove inadequate to address the evolving nature of AI-assisted online grooming and associated forms of child sexual exploitation. This study investigates the case of grooming via social media using AI chatbots and discusses whether the current criminal legislation is sufficient to address this offence. Through a legal comparative method, this study examines the legal rules in the European Union, the United Kingdom, the United States, and China, focusing on the elements of criminal acts and criminal intent and the consideration of the liability of platform operators, developers, and deployers of AI systems. The study also discusses the problem of intermediary liability rules and less mature AI governance policies to tackle the fragmented and hidden nature of algorithmic actions. The study concludes that existing criminal law frameworks face significant challenges in addressing AI-assisted grooming, particularly regarding criminal intent, foreseeability, and liability allocation. The fragmentation of responsibility among offenders, platforms, and AI developers creates regulatory and enforcement gaps in the law. Accordingly, this study advocates for a risk-based liability framework, enhanced platform accountability, greater algorithmic transparency, and stronger child-centered safeguards.