Publication details
The relationship between the digital services act and the artificial intelligence liability directive
| Authors | |
|---|---|
| Year of publication | 2025 |
| Type | Article in Periodical |
| Magazine / Source | Jusletter IT |
| MU Faculty or unit | |
| Citation | |
| web | Web nakladatele |
| Doi | http://dx.doi.org/10.38023/84f925ea-4655-40c7-a0fe-06f8e80e0ea4 |
| Keywords | Digital Services Act; AI Liability Directive; artificial intelligence; content moderation; platform liability |
| Description | The increasing reliance on artificial intelligence (AI) for content moderation on digital platforms introduces regulatory challenges when AI systems mistakenly remove lawful content. The European Union’s Digital Services Act (DSA) establishes a framework for platform responsibilities, emphasizing transparency and user rights. However, it does not comprehensively address AI-driven errors. To bridge this gap, the AI Act and the proposed Artificial Intelligence Liability Directive (AILD) introduce liability mechanisms for damages caused by AI-based moderation. This paper examines the interaction between these regulatory instruments, analyzing how the AI Act classifies content moderation as a high-risk AI application requiring human oversight, and how the AILD facilitates claims for damages caused by algorithmic errors. The author assesses whether platform operators’ liability under Article 54 of the DSA extends to cases of AI-driven content removal, and whether the AILD provides a clearer framework for redress. |