Holograms have become a convenient means of communication, entertainment, and business presentations.This application has advanced in ways that can speak, perform, and even influence people’s decision-making.
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If holograms can perform all these functions, including influencing people’s decisions, then this raises the legal question: can a hologram be held liable for defamation?
This article will provide all the legal answers you need on this question, explaining in detail how defamation law works and its application to technological tools like holograms.
What is a hologram?
A hologram is a 3D image created by recording light patterns, which can then be reconstructed to appear as a three-dimensional image. Unlike traditional images, holograms can appear like a realistic individual or object projected.
A hologram, in simple form, is a visual projection of an individual or object. It has no memory on its own and cannot speak unless programmed.
Typical examples are Michael Jackson’s hologram performing at the 2014 Billboard Music Awards and 2PAC’s hologram performing alongside Dr. Dre and Snoop Dogg. Some companies use holographic assistants for customer service. These holograms are programmed to speak and answer real-time questions.
What Is Defamation?
Defamation is a statement either written (libel) or spoken (slander) that harms a person’s reputation.
To establish defamation, the plaintiff must prove the following:
- The defendant made a statement.
- The statement was false.
- It was published to a third party.
- The statement caused harm to the plaintiff’s reputation.
- The defendant acted with fault, such as negligence.
Who can be sued for defamation?
Under most jurisdictions in the world, only biological humans and corporations with legal standings can be used for defamation. In the cases of holograms, the legal responsibility falls on the content creator or the developer.
Is a hologram a legal person?
A hologram is a virtual projection. Its actions depend on the way it is programmed or developed. It means a hologram is not a legal person. A hologram like any technological tool, is treated as a property under the law. Therefore, a hologram cannot be used for defamation.
Can a hologram be held liable for defamation?
Let’s look at this scenario: if a hologram powered by an AI to speak makes a defamatory statement during a public presentation or performance, can the hologram be sued?
Since the hologram is not a legal person, if it makes a defamatory statement, it cannot be held liable for its act. However, since the hologram was developed or programmed by a person or a company, the developer or programmer will be held liable for the statement made by the hologram.
Global perspective on defamation law against platforms and technological devices (hologram)
Some countries and how their laws deal with defamatory statements made via platforms, websites, or using technological tools like holograms and other virtual communication tools.
United States: In the US, Section 230 of the Communications Decency Act protects online platforms and websites from being held liable for users’ content. This means the user who published the content can be sued for defamation not the online platform.
So, if you host a hologram on a platform, the platform is safe but you can be held liable for the action caused by the hologram in the United States.
United Kingdom: The UK Defamation Act 2013 protects websites and platforms from being used for false statements, but the content creator or user will be held liable for any defamatory suit. This applies to all technological tools, including holograms. If a hologram makes a false statement, the developer or the person displaying the hologram will be held responsible.
India: Under Section 499 of the Indian Penal Code, anyone who makes a defamatory statement, either spoken, by sign, written, or online, can be punished. Supposedly, if you make a false statement via a hologram, the hologram will not be held liable, but you will.
Australia: Under the Defamation Act 2005, if a person makes a defamatory statement using a social media platform, website, or technological device, the content creator or publisher will be held liable, and in some cases the website operator, the owner of the platform or the developer of the tool used can be held liable if they share and encourage the statement knowing it is false or after they were notified the statement is false.
China, Japan, Ghana, and more: In all these jurisdictions, if a person makes a defamatory statement using a technological device or on a social media platform, the content creator or the originator will be held responsible. But the owner of the platform or the developer of the tool used can be held liable if they share and encourage the statement knowing it is false or after they were notified the statement is false.
Will the law change in the future?
The idea of granting legal personhood to technology devices or electronics that are autonomous is gaining weight across the world.
In 2017, the European Union legal affairs committee proposed the idea of granting smart robots’ legal personhood, but the European Parliament rejected the proposal.
Looking at how the concept of holding AI-powered devices liable for damages is gaining traction in national and social discourse, sooner or later legal systems around the world will grant them legal personhood.
However, until the law recognizes them as legal persons, holograms and AI-powered devices cannot be sued or held liable for defamation.
FAQs
| Question | Legal Answer |
| Can you actually sue a hologram for defamation? | No, you cannot take legal action against a hologram for defamation. |
| Who is responsible if a hologram makes a defamatory statement? | The person or the company that created or programmed the hologram will be held liable. |
| Can a hologram be granted legal personhood in the future? | It is possible. The European Union legal affairs committee in 2017 proposed that smart robots be granted legal personhood but it was rejected by the EU parliament. |
| Can a hologram think? | No, a hologram cannot think. They are controlled by human input or software. |
Conclusion
As of 2025, holograms cannot be held liable for defamation in any legal system. However, the responsibility for their actions falls on their developer, programmer, or the company hosting them on their platform.
In this era where technological advancement is escalating on a whole new level and there have been an increasing number of cases of harm caused by AI-powered devices, lawmakers and policymakers need to catch up.
Until then, the human creator will be held responsible for the damages caused by the hologram.
