Artificial intelligence and the right to freedom of opinion and expression: potential threats to human rights due to unregulated practices under international law

Abstract

Artificial Intelligence (AI) remains an ambiguous yet increasingly common phenomena. Its convoluted nature makes it extremely difficult for ordinary individuals to understand its functioning, and thus its consequences for society overall. Indeed, algorithms greatly interfere in every aspect of human life. In this paper, however, I focus on how these systems affect the various forms of democratic processes. More specifically, how our right to freedom of opinion and information – crucial to any democratic system – is continuously being hindered by what I will refer to as the "age of surveillance". It is not merely a question of whether we should ban the entry of algorithms into our lives. Rather, the main argument is that technology can either improve or undermine democracy. And that will depend on who controls it. For this reason, this paper also aims to analyse the different forms of governance that could be adopted for the regulation of the development and use of AI systems. There is an urgent need for a global response to tackle the potential adverse affects of such a phenomena. An integral and hybrid approach should be pursued in order to ensure both the compliance of such systems with human rights standards, as well as their effective innovation.