Europe and the digital challenge

Last February 17th the new European regulation on digital services came into force which regulates intermediaries and platforms such as online markets, social networks, content sharing platforms, app stores and online platforms for travel and accommodation. The main objective is to prevent illegal and harmful online activities and the spread of fake news, as well as ensure user safety, protect fundamental rights and create a fairer and more open environment for old and new platforms. What does this essentially mean? That for the first time in the EU, online digital platforms become legally responsible for the content they disseminate and will consequently have to take responsibility for eliminating illegal content, ban advertising that targets minors and make public information on how they work respective algorithms.

On 8 December 2023, the European Parliament and the Council found a provisional political agreement on the Artificial Intelligence Regulation, proposed by the European Commission in April 2021. It is the first law in the world that addresses the numerous challenges posed by the development and applications of artificial intelligence. The risks and public goods to be protected have gradually come into focus, giving rise to the need for preventive protection rather than mere ex post judicial action. The entire legislation proceeds with a classification into three categories of risks with a variant, establishing detailed responsibilities for each of them and for the different actors of the artificial intelligence ecosystem, up to reaching real bans for the applications considered a unacceptable risk, such as mass biometric control in real time in public spaces or the ban on emotional control for students and workers. In fact, one thing is the use of the information accessible today for police investigations or anti-terrorism operations, under strict control of the judicial authorities, the other is the constant and indiscriminate control, which some regimes in the world already operate.

A specific discussion also deserves that of generative AI, such as ChatGTP, which in the future could also become a weapon: the contents produced with this technology will have to be traceable in the meantime and then standardization work will have to be carried out international, for which Europe is entitled to play a driving role.

These are enormously complex matters, in which the technological frontier is continually expanding and in which a balance must be found between the opportunities that these scientific achievements offer to economic and civil progress and the absolute preservation of individual freedoms, health, religious and political beliefs and democratic processes.

It is a source of pride that once again Europe is able to act as a pioneer on such difficult and challenging frontiers for humanity and the values of correct civil coexistence. Initially, Europe was accused by big interests in the sector or by other world powers of wanting to impose a new anti-historic protectionism, but now the whole world is moving in the direction of new and necessary regulations. Europe has once again led the way, intelligently applying the double principle: protecting citizens and at the same time promoting new opportunities for society as a whole and for the business world. Of course, the road is still long and here we have only mentioned some of the many measures and political actions that Europe has put in place in recent years and which will still need to be strengthened and extended, also to encourage the growth of European players. But the good news is that Europe is there, before others and a pioneer in a direction that is for the good of all.


Luca Jahier
NP March 2024