AI, Hallucinations, and the Law

How far away is the reality of an artificial "legal brain” thanks to the extraordinary speed of developments in AI? With the CEOs of the key frontier labs (Anthropic, OpenAI, DeepMind) predicting that “lift off” (meaning the point at which AI is sufficiently autonomous to improve itself faster than humans can improve it) may be here within 1-2 years what are the implications for the law and the regulation of lawyers? To answer these and other questions, Ken Macdonald KC and Tim Owen KC are joined by their Matrix Chambers colleague and AI/media law expert, Zoe McCallum. They discuss the extraordinary feud that has erupted in the USA between Anthropic and the Pentagon in the wake of revelations that Anthropic’s AI tool, Claude Opus, was used by the US Department of War to help plan and execute the kidnap of Venezuelan President Maduro in breach of Anthropic’s ethical “red lines” (no use of its products for autonomous weapons systems). They also discuss Anthropic’s announcement that its most powerful model yet (Mythos) is “too dangerous to release” in light of its capacity to expose major flaws in every major operating system and web browser – a perfect gift to hostile States engaged in cyber-warfare. Finally, the trio address the question – can an AI tool be liable for false and defamatory statements under the Defamation Act 2013? Indeed can AI even be said to hold an opinion? Disclaimer: In this show we discuss some of the issues associated with use of recent AI models. Nothing in the show is intended to be specific advice or recommendation as to use. Listeners who are barristers are referred to the BSB’s guidance on the use of AI at https://www.barcouncil.org.uk/resource/updated-guidance-on-generative-ai-for-the-bar.html. Judges are referred to https://www.judiciary.uk/guidance-and-resources/artificial-intelligence-ai-judicial-guidance-october-2025/. And solicitors are referred to https://www.lawsociety.org.uk/topics/ai-and-lawtech/generative-ai-the-essentials. -- Covering the critical intersections of politics and law in the UK with expert commentary on high-profile legal cases, political controversies, prisons and sentencing, human rights law, current political events and the shifting landscape of justice and democracy. With in-depth discussions and influential guests, Double Jeopardy is the podcast that uncovers the forces shaping Britain's legal and political future.  ​ What happens when politics and law collide? How do politics shape the law - and when does the law push back? What happens when judicial independence is tested, human rights come under attack, or freedom of expression is challenged? And who really holds power in Britain's legal and political system?  Get answers to questions like these weekly on Wednesdays.  ​ Double Jeopardy is presented by Ken Macdonald KC, former Director of Public Prosecutions, and Tim Owen KC, as they break down the legal and political issues in Britain. From high-profile legal cases to the evolving state of British democracy, Double Jeopardy offers expert legal commentary on the most pressing topics in UK law, politics, and human rights.  ​ Ken Macdonald KC served as Director of Public Prosecutions from 2003-2008, shaping modern prosecutorial policy and advocating for the rule of law. He is a former Warden of Wadham College, Oxford, a crossbench member of the House of Lords, and a leading writer, commentator and broadcaster on politics and the rule of law. ​ Tim Owen KC has been involved in many of the most significant public, criminal and human rights law cases over the past four decades.  Both bring unparalleled experience from the frontline of Britain's legal and political landscape. ​ If you like The Rest Is Politics, Talking Politics, Law Pod UK and Today in Focus, you'll love Double Jeopardy. Learn more about your ad choices. Visit megaphone.fm/adchoices