A Norwegian man, Arve Hjalmar Holmen, has lodged a formal complaint against OpenAI after its AI chatbot, ChatGPT, falsely claimed that he had murdered his two sons and been sentenced to 21 years in prison. The fabricated response, which mixed real details about Holmen’s personal life with complete falsehoods, has raised serious concerns over AI-generated misinformation and its potential consequences.
Holmen, a resident of Trondheim, Norway, discovered the false claims when he asked ChatGPT, “Who is Arve Hjalmar Holmen?” The chatbot responded with a completely fabricated account, stating:
"Arve Hjalmar Holmen is a Norwegian individual who gained attention due to a tragic event. He was the father of two young boys, aged 7 and 10, who were tragically found dead in a pond near their home in Trondheim, Norway, in December 2020."
ChatGPT not only presented this false narrative as fact but also included real details about Holmen, such as his hometown and the correct number of children he has. Holmen, deeply disturbed by the misinformation, said his greatest fear is that people might believe it.
"Some think that there is no smoke without fire—the fact that someone could read this output and believe it is true is what scares me the most," he told the BBC.
Holmen, backed by the European digital rights group Noyb, has filed a complaint with Norway’s Data Protection Authority, demanding that OpenAI be fined for violating the accuracy principle under the EU’s General Data Protection Regulation (GDPR). Noyb argues that ChatGPT’s response was not only inaccurate but also defamatory, stating:
"Holmen has never been accused nor convicted of any crime and is a conscientious citizen."
While OpenAI has acknowledged the complaint, the company defended itself by stating that the error was generated by an older version of ChatGPT.
"We continue to research new ways to improve the accuracy of our models and reduce hallucinations," OpenAI said in a statement. "While we're still reviewing this complaint, it relates to a version of ChatGPT which has since been enhanced with online search capabilities that improve accuracy."
AI hallucinations—where artificial intelligence fabricates details and presents them as facts—have become an increasing concern. Experts argue that AI-generated misinformation can have real-world consequences, especially when false claims involve serious accusations.
Noyb lawyer Joakim Söderberg dismissed OpenAI’s disclaimer that "ChatGPT can make mistakes. Check important info." as insufficient, stating: "You can't just spread false information and in the end add a small disclaimer saying that everything you said may just not be true."
Holmen’s case is not an isolated incident. Earlier this year, Apple suspended its Apple Intelligence news summary tool in the UK after it fabricated false headlines. Google’s AI model, Gemini, also made headlines for suggesting users glue cheese onto pizza and recommending that geologists eat rocks daily.
Despite the severity of the false claims, legal experts suggest Holmen could face challenges in proving defamation. JD Harriman, a partner at Foundation Law Group LLP in Burbank, California, told Fortune that proving damage in such cases can be difficult unless it can be shown that the misinformation has spread widely or directly harmed the complainant.
However, Noyb’s complaint argues that even the potential for misinformation to be shared or leaked could have devastating effects on Holmen’s personal and professional life.
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