Desafíos actuales de la Inteligencia Artificial

96 Desafíos actuales de la Inteligencia Artificial lative framework possesses some flexibility to accommodate the unique challenges posed by AI-generated content. However, the challenges involved in effectively regulating Generative AI necessitate fur- ther scholarly investigation. A wholesale dismissal of the possibility of incorporating Gen- erative AI tools under specific DSA phenotypes, which entail content moderation and due diligence obligations, might not be the most effective approach. It is imperative to explore which intermediary phenotype within the DSA is most suited for the incorporation of Gen- erative AI applications. Given the multimodal, complex, and hybrid capabilities of these applications, it might even be appropriate to consider a combination of different phenotypes. Moreover, it is crucial to determine the appropriate mix of liability, potential immunity, and content moderation provisions that will ensure a safer digital environment. This en- deavour requires a nuanced understanding of the dynamic interplay between regulation and innovation. The positions expressed in this paper highlight the necessity of further research and a more detailed examination of whether to integrate Generative AI into the DSA frame- work and if so how, without precipitating regulatory overload or engendering uncertainty. Such an exploration must necessarily aim at developing a coherent and effective regulatory strategy that addresses the unique challenges posed by Generative AI, while maintaining the delicate balance required to foster technological innovation and safeguard user protection in the digital realm.