Artificial intelligence is increasingly used throughout all processes of the news cycle. AI also has untapped corrective potential. By learning to point readers to diverse, quality, and/or... Show moreArtificial intelligence is increasingly used throughout all processes of the news cycle. AI also has untapped corrective potential. By learning to point readers to diverse, quality, and/or legitimate news after exposure to ‘fake news’, ‘false narratives’, and disinformation, AI plays a powerful role in cleaning up the information ecosystem. Yet AI systems often ‘learn’ from training data that contains historical inaccuracies and biases, with results proven to embed discriminatory attitudes and behaviours. Because this training data often does not contain personal information, regulation of AI in the news production cycle is largely overlooked by legal commentators. Accordingly, this chapter lays out the risks and challenges that AI poses in both journalistic content creation and moderation, especially through machine-learning in the post-truth world. It also assesses the media’s rights and responsibilities for using AI in journalistic endeavours in light of the EU’s AI draft regulation legislative process. Show less
“Dark patterns” is a generic term used by the design community and an increasing number of data protection academics to describe a variety of manipulative design techniques that compromise legal... Show more“Dark patterns” is a generic term used by the design community and an increasing number of data protection academics to describe a variety of manipulative design techniques that compromise legal requirements like consent and privacy-by-design and legal principles like fairness and transparency. To assess the regulation of dark patterns, two legal frameworks of the European Union are compared and critiqued: first, an examination of relevant rules and principles of the General Data Protection Regulation (GDPR) leads to the conclusion that the principle of data-protection-by-design could be useful, but the lack of clarity about what constitutes fairness undermines the GDPR’s ability to regulate dark patterns. Second, an examination of the ‘fairness’ principle in the EU’s consumer protection acquis reveals a significantly further developed regime. After examination of the various enforcement mechanisms across both regimes, the Chapter concludes that a pluralistic approach that mixes the strengths of one regulatory regime while compensating for the weaknesses of the other is needed to harness manipulative design techniques like dark patterns. Show less
Consumer expectations take centre stage in the objective conformity requirements in the Digital Content Directive (2019/771). Beyond some basics, there is a great deal of uncertainty about the... Show moreConsumer expectations take centre stage in the objective conformity requirements in the Digital Content Directive (2019/771). Beyond some basics, there is a great deal of uncertainty about the implications of these references to expectations. In relation to digital content and digital services, consumers do not (and cannot) always have a fixed model concept of a product in mind. Despite its importance for traders' liability, the reasonable expectations about concrete digital products have received little attention in literature. In this paper, it is argued that analogies with analogue products are not a viable source to determine expectations and that regular market practices should likewise be discarded as the sole source of expectations. By contrast, it is tentatively suggested that the law itself may contribute to shaping the exact meaning of the open norm of reasonable expectations. This is illustrated by the potential expectations to transfer digital products to third parties and to ‘port’ user data. Show less
This entry discusses the continued relevance of traditional authorities whose positions and power are constantly restructured and recreated in dialogue between chiefs, local communities, state... Show moreThis entry discusses the continued relevance of traditional authorities whose positions and power are constantly restructured and recreated in dialogue between chiefs, local communities, state actors, donors and international organizations. Show less
