Desafíos actuales de la Inteligencia Artificial

Generative AI content misuse and the DSA 95 Generative AI applications are granted or denied immunity, the DSA’s content moderation provisions could still apply 46 . In other words, the inclusion of Generative AI applications in the DSA does not guarantee immunity; if Generative AI tools behave as active service pro- viders exceeding the threshold set by the intermediary phenotypes of the DSA, they will be denied immunity. Crucially, nonetheless, they will still have to comply with EU-wide content moderation obligations. Therefore, exploring how to integrate Generative AI tools under the DSA might be a reasonable alternative to their complete exclusion. At the other end of the spectrum, more flexible approaches that consider applying the DSA to Generative AI applications carry some merits, especially in view of the fact that they repre- sent a more nuanced approach to the problem of applying the DSA intermediary taxonomies to Generative AI applications. They may, nonetheless, need further development. One proponent acknowledges that classifying Generative AI tools as search engines is only a partial solution and may not adequately address content misuse 47 . The multimodal nature and extensive capabilities of Generative AI applications raise questions about whether they could fall under various inter- mediary service categories within the DSA. This requires further exploration and adjustment to avoid regulatory overload, uncertainty, and reduced effectiveness. 4. CONCLUSION In conclusion, Generative AI harbours the potential to fabricate fake news, misinforma- tion, and disinformation, thereby presenting substantial challenges for content moderation in the digital age. The applicability of the DSA to Generative AI applications has sparked a spectrum of opinions within the legal discourse. Some commentators maintain that the scope of the DSA is too restrictive to encompass these sophisticated tools, while others advocate for a more elastic interpretation, suggesting that Generative AI applications could be classified as search engines or hosting providers. Despite these divergent viewpoints, there is a common consensus that under certain cir- cumstances, Generative AI applications can indeed be regulated within the framework of the DSA. For instance, they might come under the purview of the DSA if integrated into traditional content-sharing platforms. Additionally, the DSA could be applied at a secondary level when AI-generated content is disseminated through these platforms, thereby ensuring a measure of regulatory oversight. This reflects a shared understanding that the existing legis- are independent from the question of liability of providers of intermediary services which need therefore to be assessed separately (emphasis added) ”. 46 On the relationship between the immunity from liability and the due diligence obligations of digital service providers under the DSA see SCHWEMER, Sebastian: “Digital Services Act: a reform of the e-Commerce Directive and much more”, in: SAVIN, Andrej; TRZASKOWSKI (eds.): Research Handbook on EU Internet Law, 2nd ed., Cheltenham: Edward Elgar, 2023, pp. 232-252, especially 244-245. 47 Botero Arcila supra note 30, p. 483-487.