Artificial Intelligence and Social Media

Abstract

This article examines the legal questions and problems raised by the increasing use of artificial intelligence tools on social media services, in particular from the perspective of the regulations specifically governing (electronic) media. For this purpose, the main characteristics of social media services are described, and the typical forms of AI applications on social media services are briefly categorized. The analysis of the legal framework starts with the introduction of ‘protective’ and ‘facilitative’ media regulation as the two basic concepts and functions of media law in general and of the law governing information society services in particular. Against this background, the major legal challenges associated with the use of AI on social media services for both protective and facilitative media regulation are presented. With respect to protective media regulation, these challenges include the fundamental rights protection of AI-based communication on social media services, legal options to restrict such forms of communication and the responsibilities of social media providers in view of unwanted content and unwanted blocking of content. As a major objective of facilitative regulation of social media AI, the regulatory handling of potential bias effects of AI-based content filtering on social media users is discussed, including phenomena commonly referred to as ‘filter bubble’ and ‘echo chamber’ effects.