Regulating AI – TV’s next big challenge?

The Irishman

In this latest instalment of his monthly TBI column, consultant solicitor Julian Wilkins considers the future impact of AI on the TV production sector.

Technologies such as NFTs and the Metaverse are having greater prevalence on the TV industry, affecting how we view programming and our interaction with shows. But arguably the biggest recent technology development has been AI (Artificial Intelligence), which remains pretty unregulated.

AI used by content providers such as Netflix or Spotify ensure they get viewer preferences right – it enables personalised recommendations for viewing or listening. AI is also enabling content creation itself: for example, video game software already enables ‘worlds’ in which some characters’ behaviour is partially created in real time by AI. This application of AI is likely to further types of content and immersive experiences.

Julian Wilkins

There will also be increased use of smart contracts with AI to help finalise commercial transactions, while other examples include AI edited trailers, special effects (such as the de-aging in The Irishman) and script analysis like the Bechdel test.

So is AI a blessing or a curse? Some concerns have been expressed that AI can lead to false news narratives. Recently, AI generated avatars on the House of News YouTube channel presented an English-speaking host giving a narrative that promoted Venezuela’s president Maduro’s regime.

The law seems to be playing catch up, although remarkably, common law jurisdictions are making good use of addressing some abuses of new tech, such as crypto finance. The much-needed Online Harms Bill awaits Royal Assent as the UK Parliament seeks magic bullet answers to fast moving technology. One is minded of Winston Churchill saying: “It is better to do something than to do nothing while waiting to do everything.”

AI, however, is awakening legislators across the world to consider how best to harness the benefits without it going unchecked and creating what some see as a technology with unbridled control.

The UK government’s recent AI White Paper outlines five clear principles that regulators, like Ofcom, should consider to best facilitate the safe and innovative use of AI in the industries they monitor. The five principles or categories include safety, security and robustness; and transparency and explainability. Also, fairness whereby AI should be used to ensure compliance with the UK’s existing laws, for example the Equality Act 2010 or UK GDPR, and it must not discriminate against individuals or create unfair commercial outcomes. AI is very data rich and how it functions is determined by the quality of data and application.

“AI is awakening legislators across the world to consider how best to harness the technology’s benefits without it going unchecked”

Further, accountability and governance so that regulation is more collaborative than prescriptive, determining whether the risk warrants an intervention.

Finally, contestability and redress to ensure individuals have the opportunity to dispute harmful outcomes or decisions generated by AI.

Law makers are chasing technology that is constantly evolving so in the UK at least, the aforementioned White Paper proposes a £2m ($2.5m) sandbox fund to provide a safe trial environment whereby businesses can test how regulation could be applied to AI products and services, as well as support innovators bringing new ideas to market without having inappropriate regulation thwarting innovation.

As AI is universal, the White Paper encourages international co-operation. The UK is an active member of the OECD’s Working Party on AI Governance (AIGO). Some US states have introduced legislation regulating aspects of AI and Federal law is expected in 2023, whilst in September 2022, the EU introduced its AI liability directive. Differences are already beginning to show between nations in how they intend to regulate.

AI’s application will increase within the TV industry. The government consultation period on the White Paper ends on 21 June, 2023. I recommend the TV industry to contribute their views to ensure the technology and consequential laws are more friend than foe.

Julian is a consultant solicitor and notary public with Eldwick Law, and a founding member of mediation and arbitration practice Q Chambers