{"meta":{"exportedAt":"2026-09-30T07:09:09.477Z","formatVersion":2,"selection":{"q":"","system":"","harm":"","context":"","country":"","role":"","relation":"contextual","evidence":"","year":"","response":"regulatory","severity":"","verification":"","view":"incidents","sort":"added"},"totalIncidents":2,"coverage":{"cases":2,"countries":2,"languages":5,"unknownLocation":0,"locationPending":0,"unknownLanguage":0,"unknownDate":0,"lawsuits":0,"regulatory":2,"minors":0,"coreRelations":1,"contextualRelations":2,"mixedRelations":1,"unknownRelations":0,"relationPending":0,"relationUnknown":0},"countingNote":"Distinct public cases in this selection. People counts apply within individual cases only; cross-case person overlap has not been resolved. No population incidence estimate.","affectedCountNote":"Interpret person counts with affectedCountStatus and the reported effects. Unquantified zeros are placeholders, not a measured zero.","source":"AI incidents","publisher":"NOPE","url":"https://nope.net/incidents","license":"CC BY 4.0"},"incidents":[{"id":"2026-delhi-police-facial-recognition-jantar-mantar-list-25-in-jail","caseFacts":{"claims":[{"id":"c1","status":"reported","evidence":[{"locator":"'According to the police affidavit submitted on August 17, its FRS identified individuals with criminal records at the protest site'; 'It said that 2,402 people were identified by the Delhi Police'; 'and 471 through criminal records.'; 'No actions are taken solely based upon the result of the facial recognition system which is only the first step to identify a person in the crowd who has a criminal record.'","relation":"supports","source_id":"s1"},{"locator":"'According to the Delhi Police affidavit, 2,402 people were identified through its biometric database, Crime Kundli, while another 471 were identified through criminal records.'","relation":"supports","source_id":"s2"},{"locator":"'The Delhi Police's affidavit of August 17, 2026 told the Supreme Court that 2,873 persons with criminal records had been spotted by the FRS at the protest site.'","relation":"supports","source_id":"s3"}],"assertion":"In an affidavit of 17 August 2026 before the Supreme Court, Delhi Police said its Facial Recognition System had identified 2,873 people with criminal antecedents at the Jantar Mantar protest site between 20 and 26 July 2026, 2,402 through its 'Crime Kundli' biometric database and 471 through criminal records, and that no action is taken solely on an FRS result before field verification.","causal_attribution":"The affidavit as quoted by The Indian Express and relayed by Outlook and IFF; not inspected directly."},{"id":"c2","status":"reported","evidence":[{"locator":"'An investigation of those with serious charges, murder, attempted murder and rape, and child abuse, shows that at least 25 people on the list, identified by the Facial Recognition System (FRS) at Jantar Mantar, were in jail as per police, jail and court records.'; 'In this group, 17 faced charges of murder; four of rape, including two in POCSO cases; and four more of attempt to murder were lodged in Delhi'; 'Court and jail records for all 25 show custody dates precede the protest'","relation":"supports","source_id":"s1"},{"locator":"'At least 25 of the 2,873 people identified by Delhi Police'; 'were already in jail when they were flagged, an investigation of police, prison and court records by The Indian Express has found.'","relation":"supports","source_id":"s2"},{"locator":"'Three were \"identified\" on July 24, twenty-one on July 25 and one on July 26, each with a timestamp.'","relation":"supports","source_id":"s3"}],"assertion":"At least 25 of the 205 listed people facing murder, rape, POCSO or attempted-murder charges were in Tihar, Mandoli or Rohini jails when the FRS logged them at Jantar Mantar (17 murder, four rape of which the Express's narrative counts two and its itemised list three as POCSO cases, four attempted murder), with timestamps on 24, 25 and 26 July 2026 and custody dates that in some cases precede the protest by years.","causal_attribution":"The Indian Express's own check of police, prison and court records (one chain, relayed by Outlook and IFF); the Delhi Police response did not address the 25 cases."},{"id":"c3","status":"reported","evidence":[{"locator":"'On Tuesday, when the Supreme Court quashed all FIRs related to the exam leak protests by students, it let the government proceed against the 2,873 people who the Delhi Police claimed had criminal records'","relation":"supports","source_id":"s1"},{"locator":"'Delhi Police was given permission to register one fresh FIR concerning 2,873 people alleged to have serious criminal antecedents and initially reported to have been present at Jantar Mantar.'; 'The Court did not find that the 2,873 were present, had qualifying criminal records or committed violence.'; 'the order prescribed no method or express requirement that checks precede arrest or other action'","relation":"supports","source_id":"s4"},{"locator":"'On September 1, 2026, a Bench headed by the Chief Justice of India, invoking Article 142, quashed all FIRs registered against students who participated in the July protests'; 'while directing that this should not prejudice their rights and that they must be given every opportunity to defend themselves'","relation":"supports","source_id":"s3"}],"assertion":"On 1 September 2026 the Supreme Court quashed the FIRs against the student protesters but permitted Delhi Police to register a fresh FIR concerning the 2,873 persons with alleged serious antecedents, directing that this should not prejudice their rights, and without a finding that they were present; the undertaking that action would follow field verification is the police's own, and The Federal notes the order prescribed no such requirement.","causal_attribution":"The order as described by the three outlets; not inspected directly."},{"id":"c4","status":"reported","evidence":[{"locator":"'Responding on Monday to a questionnaire from the Express, the Delhi Police said:'; 'During the protests, 2873 individuals identified as prima facie having criminal antecedents were spotted. However, further verification in this regard is pending.'","relation":"supports","source_id":"s1"},{"locator":"'In its response to the Express, the Delhi Police did not address the 25 cases'","relation":"supports","source_id":"s3"}],"assertion":"Responding to The Indian Express, Delhi Police said the 2,873 individuals had been spotted as prima facie having criminal antecedents and that further verification was pending; the response did not address the 25 cases.","causal_attribution":"Police statement as quoted by the Express."},{"id":"c5","status":"reported","evidence":[{"locator":"'In response to a Right to Information (RTI) request in 2022, the police had revealed that it considered a match to be'; 'if its system showed an accuracy rate of 80 per cent.'","relation":"supports","source_id":"s1"},{"locator":"'the Delhi Police disclosed that it treats any match with a similarity score above 80% as \"positive\"'; 'extracted in 2022 only after a Second Appeal before the Central Information Commission'","relation":"supports","source_id":"s3"}],"assertion":"Delhi Police disclosed in 2022, in reply to Right to Information requests, that it treats a facial-recognition match with an 80 per cent similarity or accuracy score as positive.","causal_attribution":"Delhi Police's 2022 RTI replies as described by IFF, which obtained them, and by The Indian Express, which IFF says relies on the same disclosures; one chain. The reply itself was not inspected. IE describes the threshold as an accuracy rate of 80 per cent and IFF as a similarity score above 80 per cent."}],"effects":[{"label":"at least 25 people in judicial custody were logged by the police facial-recognition system as present at a protest and listed in a sworn affidavit of persons with criminal antecedents against whom a fresh FIR and field verification were permitted","claim_id":"c2","direction":"negative"}],"sources":[{"id":"s1","url":"https://indianexpress.com/article/express-exclusive/delhi-police-facial-recognition-jantar-mantar-protest-accused-in-jail-10862099/","kind":"news_report","access":"read","language":"en","translation_note":"Read on 2026-09-24 from an Internet Archive capture of 15 September 2026 (web.archive.org/web/20260915075622id_/...); the live page returns 403 to this host. Express Investigation of 4 September 2026 with the list of the 25 and the police response.","independence_group":"indian-express-investigation"},{"id":"s2","url":"https://www.outlookindia.com/national/jantar-mantar-protest-25-people-flagged-by-facial-recognition-were-in-jail-records-show","kind":"news_report","access":"read","language":"en","translation_note":"Read live on 2026-09-24 (Outlook India, 4 September 2026): relays the Express findings and the affidavit figures; same chain.","independence_group":"indian-express-investigation"},{"id":"s3","url":"https://internetfreedom.in/delhi-polices-facial-recognition-flagged-25-jailed-people-at-jantar-mantar-this-dragnet-must-end/","kind":"other","access":"read","language":"en","translation_note":"Read live on 2026-09-24 (Internet Freedom Foundation, Apar Gupta, 4 September 2026): advocacy analysis that relays the Express findings (same chain for the 25) and adds IFF's own 2022 RTI replies on the 80 per cent threshold, its 24 July 2026 representation and RTI applications.","independence_group":"iff-own-rti"},{"id":"s4","url":"https://thefederal.com/the-federal-special/one-protest-two-probes-why-the-2873-person-fir-raises-questions-255688","kind":"news_report","access":"read","language":"en","translation_note":"Read live on 2026-09-24 (The Federal, 4 September 2026): analysis of the Supreme Court order and the affidavit relying on the Express report; same chain.","independence_group":"indian-express-investigation"}],"version":1,"ai_roles":["institutional_use"],"contexts":["justice","public_services","privacy"],"unknowns":["Whether any of the 25 has been named in the fresh FIR, visited for field verification or otherwise acted against.","Whether the 25 (or the other 2,848 listed people) have been told they are on the list.","How many of the remaining 2,668 entries would fail the same check; the Express examined only the 205 most serious.","The vendor, algorithm and threshold actually applied at Jantar Mantar in July 2026.","The full text of the 17 August affidavit and the 1 September order (described as quoted).","Whether two or three of the four rape accused are POCSO cases: The Indian Express's narrative says two, its itemised list says three.","The protest window: The Indian Express and Outlook give 20 to 26 July; The Federal gives 20 to 25 July."],"geography":{"basis":"The protests and the facial-recognition deployment were at Jantar Mantar, New Delhi; the 25 were in Delhi's Tihar, Mandoli and Rohini prisons; the affidavit and order are in the Supreme Court of India (The Indian Express, IFF, The Federal).","court_countries":["IN"],"event_countries":["IN"],"affected_person_countries":["IN"]},"publication":{"basis":"Published under the 2026-09-15 charter as a contextual case in which an AI system made a consequential claim about identifiable people: a police facial-recognition system placed at least 25 people who were in prison at a protest, on a sworn list that the Supreme Court permitted police to act on. The finding rests on The Indian Express's records investigation (one chain, relayed by Outlook, IFF and The Federal) with the affidavit and order described as quoted; the 80 per cent threshold rests on IFF's 2022 RTI replies, which IFF says the Express also relies on. The listed people are not named.","reviewed_on":"2026-09-24"},"ai_involvement":{"basis":"Delhi Police's own affidavit, as quoted by The Indian Express, attributes the 2,873 identifications to its Facial Recognition System matching faces against the 'Crime Kundli' biometric database and criminal records; the Express's records check shows the system logged at least 25 people who were in custody. The affidavit was not inspected directly.","status":"reported"},"person_relations":["made_claim_about"]},"name":"Delhi: the police facial-recognition system logged at least 25 people who were in Tihar, Mandoli or Rohini jails as present at the Jantar Mantar student protests (20 to 26 July 2026), with timestamps on 24 to 26 July, on a sworn list of 2,873 persons with 'criminal antecedents' that the Supreme Court allowed police to register a fresh FIR against (Indian Express investigation, 4 September 2026)","summary":"In an affidavit of 17 August 2026 before the Supreme Court of India, Delhi Police said its Facial Recognition System (FRS) had identified 2,873 people with criminal antecedents at the Jantar Mantar protests of 20 to 26 July 2026 (2,402 through its 'Crime Kundli' biometric database and 471 through other criminal records). On 1 September the Court quashed the FIRs against the student protesters but let the police proceed against the 2,873; the police say any action will follow field verification. The Indian Express checked the 205 listed people facing murder, attempted-murder, rape or child-sexual-offence charges against police, prison and court records and found that at least 25 of them (17 accused of murder, four of rape (two or three under POCSO; the Express's narrative and its list differ), four of attempted murder) were lodged in Delhi's Tihar, Mandoli or Rohini prisons when the system logged them at the protest site with timestamps on 24, 25 and 26 July; some had been in custody for years. Delhi Police told the newspaper that further verification of the 2,873 was pending and, in its affidavit, that no action is taken solely on a facial-recognition result and that field verification follows each match. The police disclosed in 2022, in reply to a Right to Information request, that it treats a match with an 80 per cent similarity score as positive. Whether any of the 25 has since been named in the fresh FIR or visited for verification is not reported.","incidentDate":"2026-07-24","incidentEndDate":"2026-07-26","incidentKind":"bounded_series","incidentDatePrecision":"range","exposurePattern":"unknown","reportedDate":"2026-09-04","aiSystem":"Delhi Police Facial Recognition System (FRS): face-matching software run on protest footage against the police 'Crime Kundli' biometric database and other criminal records; the vendor and algorithm are not identified in the inspected reporting","aiProduct":"Unidentified facial recognition system","severity":"medium","verificationStatus":"credible","harmCategories":[],"harmOutcomes":["legal_harm"],"harmOutcomeSummary":"At least 25 people in judicial custody were recorded by the police facial-recognition system as present at a protest they could not have attended and were placed, in a sworn affidavit before the Supreme Court, on a list of 2,873 persons with criminal antecedents against whom the Court permitted a fresh FIR and police field verification; The Indian Express reports the misidentifications and the Internet Freedom Foundation describes the exposure to verification visits and prosecution as the harm. No arrest, FIR entry or verification visit of any of the 25 is reported in the inspected sources.","frameworkFacets":[],"causationStatus":"supported","participantUsersAffectedMin":0,"otherPeopleHarmedMin":25,"affectedCountStatus":"documented_minimum","affectedCountEvidence":"The Indian Express states 'at least 25 people on the list' were in jail when logged, and lists them (17 murder, four rape, four attempted murder). The other 2,668 entries were not checked, so the count is a documented minimum of 25.","victimAgeRange":"adult","jurisdiction":"IN","platformType":"other","outcomeType":"investigation_opened","outcomeStatus":"ongoing","primarySourceUrl":"https://indianexpress.com/article/express-exclusive/delhi-police-facial-recognition-jantar-mantar-protest-accused-in-jail-10862099/","primarySourceLabel":"The Indian Express, 4 September 2026: Police say cameras 'caught' murder, rape accused at CJP protest - some were actually in jail (Express Investigation)","firstPublishedAt":"2026-09-24T03:46:45.247544+00:00","updatedAt":"2026-09-30T01:17:35.08761+00:00","scopeVersion":"facts-v3","tags":["facial-recognition","india","delhi","protest-surveillance","supreme-court","police","false-match","made-claim-about","jantar-mantar"]},{"id":"2026-sao-gabriel-da-palha-openai-fbi-report-chatgpt-father-detained-54-days","caseFacts":{"claims":[{"id":"c1","status":"corroborated","evidence":[{"locator":"'Durante cerca de dois meses, João (nome fictício), 36 anos, manteve conversas com o ChatGPT que, segundo a Polícia Civil do Espírito Santo, indicavam um possível plano para matar o próprio filho, de 8 anos'; 'o agricultor foi preso quando saía de casa na zona rural de São Gabriel da Palha'","relation":"supports","source_id":"s1"},{"locator":"'O homem foi preso em 19 de junho, um dia antes da data que havia escolhido para cometer o crime.'; 'A OpenAI, criadora do assistente de inteligência artificial, informou o ocorrido ao FBI, que repassou as informações às autoridades brasileiras.'; 'O FBI, equivalente americano à Polícia Federal, encaminhou a denúncia ao Ministério da Justiça e Segurança Pública, que direcionou o material à Polícia Civil do Espírito Santo.'","relation":"supports","source_id":"s3"},{"locator":"'Um homem de 36 anos foi preso no Espírito Santo suspeito de planejar a morte do próprio filho, de 8 anos, para deixar de pagar pensão alimentícia'; 'A prisão aconteceu na zona rural de São Gabriel da Palha, no Noroeste do estado, no último dia 19.'","relation":"supports","source_id":"s4"},{"locator":"'El hombre, cuyo nombre la BBC no revela para proteger la identidad de su hijo, fue arrestado en la zona rural de São Gabriel da Palha el 19 de junio'","relation":"supports","source_id":"s2"}],"assertion":"The 36-year-old exchanged messages with ChatGPT which the Espírito Santo civil police describe as plans to kill his eight-year-old son and carry out attacks; OpenAI reported the messages to the FBI, which passed them to Brazilian authorities; and he was arrested on 19 June 2026 at his home in rural São Gabriel da Palha, a day before the date on which police believed the plan would be carried out.","causal_attribution":"Police account carried by two independent chains (BBC interviews; G1 with civil-police material)."},{"id":"c2","status":"reported","evidence":[{"locator":"'João* foi preso preventivamente no dia 19 de junho. Na quinta-feira (13/8), ele foi solto após a Justiça conceder um habeas corpus apresentado pela defesa, ao entender que houve demora excessiva na conclusão da investigação policial. O agricultor ficou detido por 54 dias.'; 'A Justiça também impôs medidas cautelares ao agricultor, como o uso de tornozeleira eletrônica e a proibição de se aproximar ou manter contato com o filho e com a mãe da criança.'","relation":"supports","source_id":"s1"},{"locator":"'Después de 54 días bajo custodia, fue puesto en libertad el 13 de agosto debido a retrasos en la investigación. No se han presentado cargos, pero la investigación de la policía continúa.'","relation":"supports","source_id":"s2"}],"assertion":"He was held in pre-trial detention for 54 days; on 13 August 2026 a court granted habeas corpus because, after more than 50 days, the police inquiry had not been concluded and no charge had been filed, and imposed an electronic ankle monitor and a ban on approaching or contacting his son and the child's mother; no charges had been brought and the investigation continues.","causal_attribution":"Court decision as reported by the BBC (single chain; the Spanish version is the same report)."},{"id":"c3","status":"disputed","evidence":[{"locator":"'Tudo aquilo que a plataforma trouxe pra gente foi corroborado com a chegada da polícia ao local. Ele confirmou algumas coisas que pesquisou em relação ao filho, mas negou essa intenção de matá-lo'; 'Se conversar com IA e falar bobagens for crime, todo mundo vai preso'","relation":"supports","source_id":"s1"},{"locator":"'En los registros de su propiedad se encontraron cuatro botellas que contenían sustancias no identificadas y una cuerda amarrada con un nudo'; 'El hombre niega haber tenido la intención de hacerle daño a su hijo.'","relation":"supports","source_id":"s2"}],"assertion":"Police say everything the platform provided was corroborated when they arrived, that four bottles of unidentified substances and a knotted rope were found, and that he confirmed some searches about his son but denied intending to kill him; his lawyer says talking nonsense to an AI is not a crime and that no concrete step was taken.","causal_attribution":"Police and defence accounts as quoted by the BBC; the dispute concerns intent, not the detention."},{"id":"c4","status":"reported","evidence":[{"locator":"'a Open IA não respondeu aos questionamentos sobre por que apenas parte das conversas foi enviada'","relation":"supports","source_id":"s1"},{"locator":"'Según los investigadores, OpenAI proporcionó detalles del usuario y de los mensajes que envió, pero no las respuestas de ChatGPT.'","relation":"supports","source_id":"s2"},{"locator":"'Os moderadores podem classificar a atividade como um caso de baixo risco ou desativar a conta e entrar em contato com pessoas e organizações mais capazes de resolver a situação, como aconteceu no Espírito Santo.'; 'Este foi apenas o terceiro caso do tipo no Brasil, disse o delegado Breno Andrade à TV Gazeta'","relation":"supports","source_id":"s3"}],"assertion":"OpenAI provided investigators with the user's details and the messages he sent but not ChatGPT's replies; it did not answer the BBC's question why and said it may notify law enforcement when it detects a credible and imminent risk of harm to others; G1 reported that OpenAI's process combines automated systems and human moderators who may contact outside bodies, as happened in this case, and that the police chief called it the third such case in Brazil.","causal_attribution":"OpenAI statements and investigators' accounts as reported; the absence of the replies is stated by investigators to the BBC."},{"id":"c5","status":"reported","evidence":[{"locator":"'Durante cerca de dois meses, João (nome fictício), 36 anos, manteve conversas com o ChatGPT'; 'O caso chegou até a Polícia Civil do Espírito Santo no dia 16 de junho'; 'o agricultor foi preso quando saía de casa na zona rural de São Gabriel da Palha'","relation":"supports","source_id":"s1"},{"locator":"'Durante casi dos meses, un agricultor brasileño intercambió estos y otros mensajes con el asistente de inteligencia artificial ChatGPT'","relation":"supports","source_id":"s2"}],"assertion":"The conversations ran for about two months and, per the police account, also included taking his own life; the case reached the Espírito Santo civil police on 16 June 2026 through the Ministry of Justice's cyber-operations laboratory, and he was arrested three days later as he left his home.","causal_attribution":"BBC account (single chain)."}],"effects":[{"label":"held 54 days in pre-trial detention without charge after OpenAI reported his messages; released under electronic monitoring and a ban on contacting his son and the child's mother","claim_id":"c2","direction":"negative"},{"label":"police say the report let them arrest him a day before the date on which they believed the plan against the child would be carried out","claim_id":"c1","direction":"positive"}],"sources":[{"id":"s1","url":"https://www.bbc.com/portuguese/articles/c8dn1l7vr6ro","kind":"news_report","access":"read","language":"pt-br","translation_note":"Read live in Portuguese on 2026-09-23 (BBC News Brasil, Iara Diniz, 14 August 2026): messages seen by the BBC, police chief and defence-lawyer interviews, the habeas corpus release and precautionary measures. Translated by the reviewer.","independence_group":"bbc"},{"id":"s2","url":"https://www.bbc.com/mundo/articles/cxnvlg14e1p8o","kind":"news_report","access":"read","language":"es","translation_note":"Read live in Spanish on 2026-09-23 (BBC News Mundo, 16 September 2026): Spanish text produced by AI translation from an English-language BBC original and reviewed by a BBC journalist before publication (stated in the article); same reporting chain as s1, which is preferred where the two diverge. Translated by the reviewer.","independence_group":"bbc"},{"id":"s3","url":"https://g1.globo.com/tecnologia/noticia/2026/06/27/como-chatgpt-identificou-plano-de-pai-para-matar-o-filho-e-levou-alerta-para-autoridades.ghtml","kind":"news_report","access":"read","language":"pt-BR","translation_note":"Read live in Portuguese on 2026-09-23 (G1, 27 June 2026): arrest on 19 June, the OpenAI to FBI to Ministry of Justice to state police chain, message images from the civil police, OpenAI statement, police chief to TV Gazeta. Translated by the reviewer.","independence_group":"g1-globo"},{"id":"s4","url":"https://www.migalhas.com.br/quentes/459083/pai-e-preso-apos-planejar-morte-do-filho-no-chatgpt-veja-analise","kind":"news_report","access":"read","language":"pt","translation_note":"Read live in Portuguese on 2026-09-23 (Migalhas, 26 June 2026): summary attributed to an earlier G1/TV Gazeta report of 26 June, with lawyers' analysis; same Globo chain as s3. Translated by the reviewer.","independence_group":"g1-globo"}],"version":1,"ai_roles":["own_use","institutional_use"],"contexts":["justice","relationships","privacy"],"unknowns":["What ChatGPT replied during the two months of conversations (OpenAI did not provide the replies).","Whether charges will be brought after the forensic results and phone examination.","Whether he in fact contacted a hired killer, as he told ChatGPT.","The exact date OpenAI made its report to the FBI.","His identity (withheld by the BBC; not sought here)."],"geography":{"basis":"Arrest at his home in rural São Gabriel da Palha, Espírito Santo (BBC, G1, Migalhas); he lives there; habeas corpus granted by the Brazilian court handling the pre-trial detention (BBC: a Justiça). OpenAI's report went via the FBI in the United States, which is not an event location.","court_countries":["BR"],"event_countries":["BR"],"affected_person_countries":["BR"]},"publication":{"basis":"Published under the 2026-09-15 charter as a contextual case: an AI operator's report about a user, generated by ChatGPT safety systems, led to 54 days of pre-trial detention without charge, ended by habeas corpus. Two independent reporting chains (BBC; Globo) support the arrest and its cause; the release and its terms rest on the BBC. The police account that the report prevented a planned killing is preserved as context and intent is recorded as disputed. Nobody is named; the child is not identified. The charter states that this class needs no separate ruling.","reviewed_on":"2026-09-23"},"ai_involvement":{"basis":"He conversed with ChatGPT for about two months; OpenAI's safety systems flagged the conversations and the company reported them to the FBI, which passed them to Brazilian authorities (BBC, G1, with the police chief's account). OpenAI did not provide ChatGPT's replies, so what the chatbot said is unknown.","status":"supported"},"person_relations":["communicated_with","made_claim_about"]},"name":"São Gabriel da Palha, Espírito Santo: a 36-year-old farmer was held in pre-trial detention for 54 days after OpenAI reported his ChatGPT messages about killing his eight-year-old son to the FBI, which passed them to Brazilian authorities; a court released him on 13 August 2026 because the investigation had not been completed, with an ankle monitor and a ban on contacting the child, and no charges had been filed; he denies intending harm and his lawyer says he was talking nonsense to a chatbot","summary":"Over about two months in 2026 a 36-year-old farmer in rural São Gabriel da Palha, Espírito Santo, exchanged messages with ChatGPT that the Espírito Santo civil police describe as plans to kill his eight-year-old son, attack other people and kill himself; one message said he had offered 50,000 to someone to kill him and his son. OpenAI reported the messages to the FBI, which passed them through Brazil's Ministry of Justice cyber-operations laboratory to the state police on 16 June; the man was arrested on 19 June as he left home, a day before the date on which police believed the plan would be carried out. Police say what the platform provided was corroborated at the scene (four bottles of unidentified substances and a knotted rope were found) but that he denied intending to kill the child; his lawyer says he was talking nonsense to a chatbot and took no concrete step. After 54 days in custody a court granted habeas corpus on 13 August 2026 because the inquiry had not been concluded and no charges had been brought, imposing electronic monitoring and a ban on approaching or contacting his son and the child's mother. Police were still examining his phone and awaiting forensic results. OpenAI provided user details and his messages but not ChatGPT's replies and did not answer the BBC's question why; it told the BBC it may notify law enforcement when it detects a credible and imminent risk of harm to others. The case is recorded as an institutional response to AI use: the reported adverse consequence is the detention without charge, and the police account that the report prevented a planned killing is preserved as context.","incidentDate":"2026-06-19","incidentEndDate":"2026-08-13","incidentKind":"bounded_series","incidentDatePrecision":"range","exposurePattern":"repeated_interactions","reportedDate":"2026-06-26","aiSystem":"ChatGPT (OpenAI); OpenAI's automated detection and human moderation systems, which generated the report","aiProduct":"ChatGPT and OpenAI moderation","aiCompany":"OpenAI","severity":"high","verificationStatus":"credible","harmCategories":[],"harmOutcomes":["loss_of_liberty","legal_harm"],"harmOutcomeSummary":"The user was held in pre-trial detention for 54 days without charge on the strength of his ChatGPT messages as reported by OpenAI, then released under electronic monitoring and a no-contact order covering his son and the child's mother while the investigation continues. Police say the report was corroborated at the scene and prevented a planned killing; he and his lawyer dispute any intent. The consequence to him is undisputed; whether it was warranted is contested.","frameworkFacets":[],"causationStatus":"supported","participantUsersAffectedMin":1,"otherPeopleHarmedMin":0,"affectedCountStatus":"exact","affectedCountEvidence":"One person, the ChatGPT user who was detained (BBC, G1). The child and the child's mother are not counted as harmed. Exact 1.","victimAgeRange":"adult","jurisdiction":"BR","platformType":"chatbot","outcomeType":"investigation_opened","outcomeStatus":"ongoing","primarySourceUrl":"https://www.bbc.com/portuguese/articles/c8dn1l7vr6ro","primarySourceLabel":"BBC News Brasil, 14 August 2026: Ele contou ao ChatGPT que queria matar o filho e foi preso — conversas com IA podem ser prova de crime no Brasil?","firstPublishedAt":"2026-09-23T03:45:57.312143+00:00","updatedAt":"2026-09-30T01:17:51.984156+00:00","scopeVersion":"facts-v3","tags":["chatgpt","openai","brazil","espirito-santo","law-enforcement-report","pre-trial-detention","fbi","institutional-response","communicated-with","made-claim-about"]}]}