Platform regulation, content moderation, and AI-based filtering tools: Some reflections from the European Union

Abstract

Online platforms have voluntarily relied on screening tools for content moderation purposes for quite some time now. They do so to deal with the problems of scale and the speed content is shared online. Currently, the efforts of online platforms to fight illegal and harmful content are continuously focusing on innovative AI-based solutions for better performance of their content moderation systems. At the same time in the EU, new rules on content moderation are entering the arena. These rules may require a more active role of online intermediaries to detect and remove illegal content in their sites. This begs the question whether we are moving towards a filtering obligation in disguise on online intermediaries. If that is the case, are AI-based filtering systems fit to avoid blocking lawful content? What safeguards should be taken at regulatory level to ensure the protection of fundamental rights of online users?