Artificial Intelligence and Freedom of Expression

Freedom of expression represents a key value to promote a culture of democracy and human rights. Being able to express one’s personal ideas and personal opinions, as well as to decide how to convey those ideas and thoughts, allows individuals to fully participate in social life and to project outside values and personality. The Universal Declaration of Human Rights, the International Covenant on Civil and Political Rights, and regional systems such as the European Convention of Human Rights, are only some of the instruments that protect freedom of expression as a human right, thus recognising its universal dimension. The protection of freedom of expression has been deeply impacted by the development of digital technologies and, in particular, by the spread of artificial intelligence systems. On the one hand, these systems play a critical role in organising large amounts of content or providing opportunities for creativity. On the other hand, this flourishing democratic framework driven by digital technologies does not fully compensate the troubling evolution of the algorithmic society where algorithmic technologies contribute to shaping the definition of online speech and the governance of these expressions is increasingly mediated by artificial intelligence systems implemented by states and business actors such as in the case of content moderation. The chapter addresses the many ways in which freedom of expression and information has been affected by artificial intelligence technologies in the digital environment. First, it explores the main characters and specificities of freedom of expression in the age of artificial intelligence and focuses on the relationship between artificial intelligence and media. Second, it addresses the private governance of freedom of expression, particularly the use of automated technologies to moderate online content. Third, it underscores how the new digital context may require state obligations to ensure the protection of freedom of expression, particularly considering the power exercised by private actors through the implementation of artificial intelligence systems.