Civil liability in the use of artificial intelligence in interactions with children and adolescents on online gaming platforms

Abstract

This undergraduate thesis aims to analyze civil liability concerning the use of artificial intelligence (AI) in interactions with children and adolescents on online gaming platforms. With the rapid advancement of digital technologies and the growing presence of minors in these environments, there is an increase in risks arising from the use of algorithms, automated moderation systems, interactive avatars, chatbots, and recommendation mechanisms that directly influence users’ experiences. The lack of specific regulation governing the use of AI directed at children and adolescents, combined with the insufficiency of protection and monitoring mechanisms, intensifies the vulnerability of these individuals, who are already recognized by the Brazilian legal system as subjects of full protection. In this context, the study investigates the limits and possibilities of civil liability for online gaming platforms, considering their duty of safety, the risk of the activity, and the defect-of-service theory. It also examines the role of legal guardians and the State in mitigating damages, especially in cases involving exposure to violence, exploitation, abusive data collection, manipulative practices, and other digital harms. The research proposes the need to implement contemporary principles such as digital diligence, algorithmic governance, AI education, and preventive models such as safety by design and privacy by design. Ultimately, it seeks to demonstrate that the Brazilian civil liability system still operates in a predominantly reactive manner when confronted with technological risks, making it essential to modernize its instruments in order to ensure effective protection of children and adolescents in virtual environments. Thus, this study contributes to the legal debate on the emerging challenges of AI and on the measures required to promote safer and more responsible digital spaces.