Freedom of truthful information and algorithmic manipulation

Abstract

The rapid evolution of artificial intelligence (AI) is posing unprecedented challenges within constitutional States. Far from being a mere technological innovation, AI reshapes the exercise of public powers, compels a reconsideration of the adequacy of traditional fundamental rights, and requires the articulation of new strategies of protection and accountability. In this regard, techniques for creating false content with a realistic appearance (known as deepfakes) are fully embedded in this transformation, threatening the credibility of information and calling into question the classical mechanisms of democratic control. In line with the foregoing, a particularly intense impact can be observed on the freedom of information recognized in Article 20 of the Spanish Constitution. The possibility of altering images and audio with virtually no technical barriers places citizens in a position of vulnerability to so-called “post-truth” and disinformation. The informational flow, vital for the formation of public opinion, is compromised by the ease with which manipulated content that appears genuine can be disseminated. Faced with this new reality, what solutions does our constitutional model offer to safeguard the right to freely communicate and receive truthful information?