Legal Loopholes in the EU Artificial Intelligence Act: Addressing Disinformation and Human Rights Protection – the Need for Further Refinement

Abstract

The EU Artificial Intelligence Act, implemented in 2024, was the first comprehensive regulation at the European Union level to concern the governance of artificial intelligence. However, despite its progressive approach, the aforementioned Act does not provide adequate protection against risks related to the use of generative AI systems for spreading disinformation, manipulating public opinion, and undermining democratic processes. This article analyzes the key gaps in the regulation, such as the absence of requirements for labeling AI-generated content, the lack of mechanisms for data verification, and insufficient legal accountability for human rights violations resulting from AI use. The author suggests the consideration of these issues in the context of other EU regulations, such as the Digital Services Act, and offers specific recommendations to improve regulation in these areas. The article includes a comparative analysis of different approaches to AI regulation in EU countries, including Spain, Lithuania, the Netherlands, Poland, and Germany, and provides recommendations for enhancing legal mechanisms to effectively counter disinformation and protect human rights.