'The goal should be to use the affordance of new technologies to create optimal conditions for […] freedom of expression to flourish'.

On 3 March 2020, the Council of Europe published a background paper ahead of the Ministerial Conference 'Artificial Intelligence - Intelligent Politics - Challenges and opportunities for media and democracy' which was initially planned to take place on 28-29 May and was postponed to 22-23 October.

The background paper, authored by leading academics from the Institute for Information Law (IViR) of the University of Amsterdam under the leadership of Natali Helberger, aims to assess the risks of the increasing use of AI-driven tools in the media and to provide food for thought on what could be done to transform the risks (manipulation, censorship, propaganda or misinformation) in opportunities to foster freedom of expression (in the light of Article 10 ECHR) and the overall quality and diversity of the information offer.

The document hightlights that the use of AI-driven tools operates at the intersection of freedom of expression, the right to privacy and prohibition of discrimination and that the regulatory frameworks and the division of responsibilities between regulatory authorities need to consider the way in which the different human rights interlink.

AI-driven tools can affect three main areas of the media landscape: support of the journalists in research and content production (fact-checking tools, translating, data-processing tools…), content production (automated generated content) and content distribution (recommendation systems). The paper adopts a three-pronged approach by looking at:

• Implications for the news media: who is responsible for the AI-driven tools and their effects? How to translate values such as objectivity and diversity in a digital environment? How to ensure editorial independence?

• Implications for news users: how to avoid manipulation and political use of the AI-driven tools? How to secure freedom of expression regarding automated content moderation? How to protect privacy and to avoid filter bubbles?

• Implications for society: how to ensure that AI-driven tools do not affect the market structure for news media, especially small and local media by favouring new data-rich players?

Based on the analysis of the use of AI-driven tools in the light of Article 10 ECHR, the report draws a number of conclusions and highlights the need for further initiatives. This includes notably:
 

The paper also points out the lack of empirical evidence and research so far on the consequences of the use of AI in the media. It is still difficult to fully comprehend the effects, which may also differ depending on the socio-cultural context. In any case, AI-driven tools can allow media to provide a more accessible, responsive, high-quality and stimulating content for the benefit of public debate if used in optimal conditions.

• Prof. Dr. Natali Helberger, Sarah Eskens, Max van Drunen, Dr. Mariella Bastian, Dr. Judith Moeller: Implications of AI-driven tools in the media for freedom of expression, Background Paper, Ministerial Conference, Cyprus (EN)

Source: Council of Europe

Further EPRA background: the opportunities and challenges related to the use of Artificial Intelligence in the media was the topic of a plenary session at the 50th EPRA meeting in Athens in October 2019