人工智能“造假式索赔”，违法吗？

Core Viewpoint - The recent rise in consumers using AI tools to create fake images for refund claims has sparked significant discussion among merchants and consumers, raising questions about legality and the responsibilities of e-commerce platforms [1][2]. Group 1: Consumer Behavior and Legal Implications - Consumers are utilizing AI-generated images to falsely claim product defects, leading to discussions on whether such actions constitute fraud or are simply opportunistic behavior [1][3]. - According to legal experts, if the amounts involved are small, consumers may be liable for civil fraud, while larger amounts could lead to administrative violations or even criminal fraud charges [2][3]. Group 2: Platform Responsibilities and Regulatory Measures - E-commerce platforms are required to perform reasonable identity verification and content review to prevent losses to merchants due to fraudulent refund claims [2][3]. - Regulatory bodies are encouraged to enhance legal frameworks to address AI-related fraud, including the establishment of specific regulations and technical guidelines [3][4]. Group 3: Merchant Responses and Technological Solutions - Merchants are increasing scrutiny on refund requests by requiring additional evidence, such as multiple angles of product images or video proof [3][4]. - The implementation of the "Artificial Intelligence Generated Content Identification Measures" on September 1 mandates that AI-generated content must have explicit and implicit markings, although the legal consequences for non-compliance remain unclear [5]. Group 4: Recommendations for Improvement - Experts suggest that platforms should upgrade their technical capabilities to effectively review images and videos for authenticity, and consider merchants' feedback in the process [5]. - A cross-platform consumer credit linkage mechanism is proposed to restrict malicious refund behaviors, allowing for the identification of dishonest consumers across different platforms [5].