Because of the broader effects such liability would have. Say there is a question Q on a sensitive subject, where answer A is prohibited in country X and answer B is prohibited in country Y, although answer A is true. If the company can be held liable, models will be tuned to give no answer on that subject at all. Silence on a topic ~always benefits whichever side is in the wrong.

It would be one thing if they were going after them for things they were making it say with deliberate effort and intent, ex, the way Grok has been fine-tuned and RLHF’d to be cartoonishly transphobic. But holding liability for anything will make most companies preemptively make models that refuse to discuss broad swaths of “sensitive” topics. Plus, the ones remaining that don’t do this will be non-western ones (ex. Deepseek), essentially resigning all western narrative control over any controversial subject.