Commission sends requests for information on generative AI risks to 6 Very Large Online Platforms and 2 Very Large Online Search Engines under the Digital Services Act

Today, the Commission has formally sent requests for information under the Digital Services Act (DSA) to Bing and Google Search (Very Large Online Search Engines, or VLOSEs), as well as to Facebook, Instagram, Snapchat, TikTok, YouTube, and X (Very Large Online Platforms, or VLOPs). The Commission is requesting these services to provide more information on their respective mitigation measures for risks linked to generative AI, such as so-called ‘hallucinations’ where AI provides false information, the viral dissemination of deepfakes, as well as the automated manipulation of services that can mislead voters.

The Commission is also requesting information and internal documents on the risk assessments and mitigation measures linked to the impact of generative AI on electoral processes, dissemination of illegal content, protection of fundamental rights, gender-based violence, protection of minors, mental well-being, protection of personal data, consumer protection and intellectual property. The questions relate to both the dissemination and the creation of generative AI content.

The concerned companies must provide the requested information to the Commission by 5 April 2024 for questions related to the protection of elections and by 26 April 2024 for the remaining questions.

A request for information is an investigatory act that does not prejudge potential further steps the Commission may or may not decide to take. Based on the assessment of the replies, the Commission will assess the next steps. Pursuant to Article 74 (2) of the DSA, the Commission can impose fines for incorrect, incomplete, or misleading information in response to a request for information. In case of failure to reply by the VLOPs and VLOSEs, the Commission may decide to request the information by decision. In this case, failure to reply by the deadline could lead to the imposition of periodic penalty payments.

Generative AI is also one of the risks identified by the Commission in its draft guidelines on the integrity of electoral processes. Their aim is to provide VLOPs and VLOSEs with best practices and examples of potential mitigation measures for risks related to elections, including specific measures linked to generative AI.