Else Beekman
MADRID – The Spanish political party Sumar has submitted a bill for the use of artificial intelligence (AI). The left-wing party wants to regulate the generation of photos, audios and videos with AI. Therefore, the proposal provides for an amendment of Spanish law in this area.
Yolanda Díaz’s party indicates that the use of artificial intelligence is now enshrined in Article 20.1 of the Spanish Constitution, under ‘freedom of expression’. The use falls under artistic freedom and the freedom of thoughts, ideas and opinions, just like other media channels.
Privacy must be protected
However, Sumar emphasises that freedom of expression is important, but that there is also such a thing as ‘reputation protection’. According to Díaz’s party, the spread of ‘fake news’ and the broad accessibility to social media requires changes to the law. Citizens have the right to truthful reporting (also enshrined in Article 20.1 of the Constitution). Moreover, they also have other fundamental rights, such as the so-called ‘right to honour’, right to privacy and portrait rights.
Abuse of AI should be made punishable
Sumar’s bill involves an amendment to the Audiovisual Communications Act, which criminalises the abuse of AI. The change in law would provide for a new article in the Criminal Code. Simulations and the use of photos, videos and voices of people, generated by AI, should be understood as “a high potential risk for defamation or invasion of privacy with criminal relevance”.
Multiple legislative changes needed
Distributing AI-generated images or voice material of people on social media should also become a punishable offense. In addition, it should be possible to immediately remove artificially generated images or audio if the rules are violated. Sumar’s bill highlights several legislative changes regarding AI. The changes are all about protecting people’s privacy.
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