AUTOMATED DECISION-MAKING AND THE ROLE OF ARTIFICIAL INTELLIGENCE IN RESOLVING DISPUTES OVER ILLEGAL CONTENT ON DIGITAL PLATFORMS

Abstract

The increasing volume of digital content in the virtual world of digital platforms and its potential to contain illegal elements creates significant challenges for moderation and the resolution of related disputes. Automated decision-making, supported by artificial intelligence (AI), is becoming a key tool in the initial identification and processing of illegal content. In particular, this article explores the legal aspects of using AI in this context, with an emphasis on its role in the first stage of the decision-making process. Peripherally, the author also touches on technical aspects. The article will analyse the legal framework of the European Union, in particular the new Digital Services Regulations (DSA). We will focus our investigation on the extent to which automated decision-making is compatible with the requirements of transparency, fairness and the protection of users’ fundamental rights. The paper also offers insights into redress mechanisms that allow users to challenge AI decisions and possibly escalate disputes to a higher level, where human moderators or independent entities adjudicate them. Finally, we propose recommendations for legislation and digital platforms to harmonise the use of AI in content moderation, considering the need to protect fundamental rights, the efficiency, and transparency of the entire process. The ambition of this article is to contribute to the ongoing debate on the balance between automation and human intervention in content moderation and dispute resolution, identifying the opportunities and risks associated with the use of AI on digital platforms.