It's always been complicated like this. That's why certain professions (psych, lawyer, clergy) come with rules around when and if disclosure is allowed[ required, and/or admissible].

As a Brit, I'm aware of https://en.wikipedia.org/wiki/Twitter_joke_trial

I can't say I actually disagree with the initial prosecution. The penalty was a fine, likely less than the cost of investigating it.

Intended as a joke? Blowing off steam? I can understand that, but given the number of people on social media is large enough to include genuinely unhinged people, you can't expect anyone who receives such as message to take them as a joke.

Same with AI use. A billion users, you have to assume some of them are actually sincere if they write about any act of violence, from self-harm to a plan to steal a nuke and use it in a false-flag attack to trigger WW3 and everything between.