New European Audiovisual Observatory study focuses on current AI legal framework

22 October 2024

The European Audiovisual Observatory released a new report on 22 October entitled “AI and the audiovisual sector: navigating the current legal landscape”.

Written by leading experts from across Europe, the report provides an in-depth examination of the uptake of artificial intelligence (AI) in the audiovisual industry, and analyses its legal implications. It explores the interplay between AI technologies and existing regulations in the audiovisual sector, and addresses both the opportunities and challenges presented by AI as it reshapes the creation, production, distribution, and consumption of audiovisual works and content.

The first part of the study is an introduction to the current use of AI in the audiovisual sector and its multi-faceted impact.

The second part examines the legal challenges surrounding AI in relation to data protection and copyright. It explores the objectives of regulations like the GDPR and the AI Act relating to safeguarding personal information. The section addresses international data transfers and contrasts EU and U.S. approaches to data privacy, as well as AI’s use of copyrighted works and subsequent generation of content .

The third section identifies five major challenges AI poses to the audiovisual sector. It explores questions of authorship, liability and transparency, focusing on whether AI-generated works can be legally attributed to human creators and how responsibility is assigned. Personality rights and transparency are examined in cases where actors’ voices, images, and likenesses against unauthorized AI replication, as well as the impact of AI on the labour market, as seen in recent U.S. strikes and evolving EU policies, and on disinformation. Finally, as AI has the potential to both enhance and threaten cultural diversity and media pluralism, this section discusses how regulatory frameworks can mitigate these effects and promote diverse content consumption.

The last part looks toward the future of AI regulation in the audiovisual industry. Current legislative frameworks, such as the Council of Europe’s Framework Convention on AI and Human Rights, remain non-binding and lack sector-specific provisions. Ethical concerns, including authenticity and the societal implications of AI-generated content, take center stage. The report emphasizes the need for future-proof regulations that balance innovation with societal values, such as media diversity and freedom of expression.

To go further:

Press release: https://www.obs.coe.int/en/web/observatoire/-/new-report-the-challenges-of-ai-for-the-audiovisual-sector-and-the-role-european-legislation-is-playing

Full report: https://rm.coe.int/iris-2024-3-ia-legal-landscape/1680b1e999