Regulating AI in Mental Health: Ethics of Care Perspective

Abstract

This article contends that the responsible artificial intelligence (AI) approach-which is the dominant ethics approach ruling most regulatory and ethical guidance-falls short because it overlooks the impact of AI on human relationships. Focusing only on responsible AI principles reinforces a narrow concept of accountability and responsibility of companies developing AI. This article proposes that applying the ethics of care approach to AI regulation can offer a more comprehensive regulatory and ethical framework that addresses AI's impact on human relationships. This dual approach is essential for the effective regulation of AI in the domain of mental health care. The article delves into the emergence of the new "therapeutic" area facilitated by AI-based bots, which operate without a therapist. The article highlights the difficulties involved, mainly the absence of a defined duty of care toward users, and shows how implementing ethics of care can establish clear responsibilities for developers. It also sheds light on the potential for emotional manipulation and the risks involved. In conclusion, the article proposes a series of considerations grounded in the ethics of care for the developmental process of AI-powered therapeutic tools.

Keywords: AI; European Artificial Intelligence Act; artificial intelligence; chatbot; chatbots; conversational agent; conversational agents; ethic; ethical; ethics; ethics of care; framework; frameworks; law; legal; mental health; mental healthcare; regulation; regulations; regulatory; relationship; relationships.