Generative AI content misuse and the DSA

Abstract

This paper explores the challenges posed by Generative AI applications, particularly their potential to produce fake news, misinformation, and disinformation, thereby complicating content moderation efforts. The study delves into the applicability of the Digital Services Act (DSA) to Generative AI tools, presenting a spectrum of opinions from legal commentators. While some argue that the DSA’s scope is too narrow, others advocate for more flexible interpretations, suggesting classifications such as search engines or hosting providers. A common consensus emerges that Generative AI can be regulated under the DSA in certain contexts, particularly when integrated into traditional content-sharing platforms. The paper critically assesses the opinions expressed in legal literature so far and identifies potential gaps. It also highlights the necessity for further research to identify the most suitable intermediary framework within the DSA and to develop an effective mix of liability, potential immunity, and content moderation framework.