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Guidance Note on the implications of Generative AI for freedom of expression

Guidance Note by the Council of Europe: “Providing for unimagined opportunities, at scale and at speed, Generative AI also presents growing risks for freedom of expression and democratic processes, including with regards to the fragmentation of the information space through hyper-personalised experiences, and the lack of transparency, accuracy, repeatability, reliability, and the potential for bias and manipulation, of AI-generated content. The Guidance Note addresses these issues looking into the specific impact on the right to freedom of expression, enshrined in Article 10 of the European Convention on Human Rights.  

Firstly, it outlines the key characteristics of Generative AI technology and its lifecycle, by providing a shared vocabulary and offering a compass for its analysis. Then, the Guidance Note explores how Article 10 of the European Convention on Human Rights and the case-law of the European Court of Human Rights can guide the protection of freedom of expression in the context, and across the lifecycle, of Generative AI. Thirdly, it identifies the structural implications that, both at an individual and societal level, affect the foundations of freedom of expression. Standardisation of expression, hallucination, deep fakes, voice cloning, disinformation and opinion manipulation, being only some of known use cases. Finally, to ensure that Generative AI applications, their design and use, uphold and promote freedom of expression, the document delivers a concrete set of actionable measures for policymakers and other relevant stakeholders, through an agile governance cycle built on four interlocking areas: observe, assess, enable and empower…(More)”.

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