In his op-ed, From Hammurabi to ChatGPT, Jovan Kurbalija draws on the ancient Code of Hammurabi to argue for a principle of legal accountability in modern AI regulation and governance. Dating back 4,000 years, Hammurabi's Code established that builders were responsible for damages caused by their work-a principle Kurbalija believes should apply to AI developers, deployers, and beneficiaries today.

While this may seem like common sense, current legal frameworks, particularly Section 230 of the 1996 US Communications Decency Act, have created a loophole. The provision, designed to protect early internet platforms, grants them immunity for user-generated content, allowing AI companies nowadays to evade responsibility for causing harm such as deepfakes, fraud, and cyber crimes. The legal anomaly complicates global AI governance and digital diplomacy efforts, as inconsistent accountability standards hinder international cooperation.

Kurbalija emphasises that existing legal rules-applied by courts, as seen in internet regulation-should suffice for AI governance. New AI-specific rules should only be introduced in exceptional cases, such as when addressing apparent legal gaps, similar to how cybercrime and data protection laws emerged in the internet era.

He concludes that AI, like hammers, is ultimately a tool-albeit a powerful one. Legal responsibility must lie with humans, not machines. By discarding the immunity shield of Section 230 and reaffirming principles of accountability, transparency, and justice, policymakers can draw on 4,000 years of legal wisdom to govern AI effectively. That approach strengthens AI governance and advances digital diplomacy by creating a foundation for global norms and cooperation in the digital age.