LEGAL BOUNDARIES OF THE LAWFUL USE OF ARTIFICIAL INTELLIGENCE SYSTEMS IN MEDIA ACTIVITIES: EUROPEAN EXPERIENCE AND PROPOSALS FOR UKRAINE
DOI:
https://doi.org/10.17721/1728-2195/2026/1.131-5Keywords:
artificial intelligence, media, deepfake, disinformation, risk-based approach, artificial intelligence regulation, information security, human rights, freedom of expressionAbstract
Background. The article examines the legal boundaries of the lawful use of artificial intelligence systems in media activities against the backdrop of the rapid proliferation of generative AI technologies and the intensification of challenges associated with disinformation, deepfakes, and violations of human rights.
The relevance of the topic is determined by the absence within Ukrainian legislation of a dedicated mechanism for the legal regulation of artificial intelligence use by media entities, as well as by the need to align national practice with the requirements of Regulation (EU) 2024/1689 on Artificial Intelligence (the EU AI Act), the Council of Europe Framework Convention on Artificial Intelligence, Human Rights, Democracy and the Rule of Law, and the Council of Europe Guidelines on Responsible Implementation of Artificial Intelligence in Journalism (2023).
The aim of the article is to identify and analyse the normative, law-enforcement, and factual criteria of the lawfulness of AI system use by media entities, and on that basis to formulate proposals for the improvement of Ukrainian legislation in the relevant area of legal regulation, having regard to the standards of EU law and the law of the Council of Europe.
Methods. In the course of preparing the article, general scientific methods of cognition were employed – the dialectical, systemic-structural, and formal-logical methods – together with specialised legal methods: the comparative-legal, normative-dogmatic, and sociological methods, as well as the method of legal forecasting.
Results. The article draws a distinction between the normative, law-enforcement, and factual criteria for assessing the lawfulness of AI use in media, and examines the risk-based approach as the methodological foundation of the corresponding legal regulation. Particular attention is devoted to the protection of media consumers' rights to non-interference in private and family life, to access to reliable information, and to the refutation of inaccurate information, as well as to the problem of countering deepfakes as a threat to the information security of the state. Based on an analysis of European experience, recommendations are formulated to improve Ukrainian legislation in this field.
Conclusions. The research confirms that the legal regulation of AI in media should combine a risk-based approach with effective safeguards for human rights, transparency, and accountability. Further alignment of Ukrainian legislation with EU standards is essential to ensure responsible AI use, protect media consumers, and counter the risks posed by deepfakes and other forms of synthetic content.
References
Verkhovna Rada of Ukraine. Research Service. (2024). Information note on the use of artificial intelligence in media: Potential and risks [in Ukrainian]. https://research.rada.gov.ua/uploads/documents/33465.pdf
European Court of Human Rights. (2017, September 5). Bărbulescu v. Romania [Grand Chamber]. Application No. 61496/08. https://hudoc.echr.coe.int
Convention for the Protection of Human Rights and Fundamental Freedoms of November 4, 1950, ratified by the Law of Ukraine of 17.07.1997. (1997). Bulletin of the Verkhovna Rada of Ukraine, 40, Art. 263 [in Ukrainian].
On Copyright and Related Rights: Law of Ukraine of 01.12.2022 No. 2811-IX. (2022) [in Ukrainian]. https://zakon.rada.gov.ua/go/2811-20
On Personal Data Protection: Law of Ukraine of June 1, 2010 No. 2297-VI. (2010). Bulletin of the Verkhovna Rada of Ukraine, 34, Art. 481 [in Ukrainian].
On Media: Law of Ukraine of December 13, 2022 No. 2849-IX. (2022). Bulletin of the Verkhovna Rada of Ukraine, 32, Art. 83 [in Ukrainian].
Adjin-Tettey, T. D., Anichebe, A., Asante-Agyekum, B., Buabeng, M., & Yartey, D. (2025). Artificial intelligence and journalism: A systematic bibliometric and thematic analysis of global research. Computers in Human Behavior. https://doi.org/10.1016/j.chb.2025.108707
Council of Europe. (2024). Framework Convention on Artificial Intelligence and Human Rights, Democracy and the Rule of Law (CETS No. 225). https://www.coe.int/en/web/conventions/full-list/-/conventions/treaty/225
Council of Europe, Steering Committee on Media and Information Society. (2023). Guidelines on the responsible implementation of artificial intelligence (AI) systems in journalism. https://www.coe.int/en/web/freedom-expression/-/guidelines-on-the-responsible-implementation-of-artificial-intelligence-ai-systems-in-journalism
Engström, V., & Hacker, P. (2025). Regulating AI from Europe: A joint analysis of the AI Act and the Framework Convention on AI. The Theory and Practice of Legislation. https://doi.org/10.1080/20508840.2025.2492524
Home Security Heroes. (2023). 2023 state of deepfakes: Realities, threats, and impact. https://www.securityhero.io/state-of-deepfakes
International Press Institute. (2023). Slovakia: Deepfake audio of Denník N journalist offers worrying example of AI abuse. https://ipi.media/slovakia-deepfake-audio-of-dennik-n-journalist-offers-worrying-example-of-ai-abuse/
Porlezza, C. (2023). Promoting responsible AI: A European perspective on the governance of artificial intelligence in media and journalism. Communications, 48(3), 370–394. https://doi.org/10.1515/commun-2022-0091
Regulation (EU) 2024/1689 of the European Parliament and of the Council of 13 June 2024 laying down harmonised rules on artificial intelligence (Artificial Intelligence Act). (2024). Official Journal of the European Union, L 2024/1689. https://eur-lex.europa.eu/eli/reg/2024/1689/oj
Romero-Moreno, F. (2024). Generative AI and deepfakes: A human rights approach to tackling harmful content. International Review of Law, Computers & Technology, 38(3), 297–326. https://doi.org/10.1080/13600869.2024.2324540
Tkachuk, O., & Voloshyn, O. (2025). Countering AI-powered disinformation through national regulation: Learning from the case of Ukraine. PMC. https://pmc.ncbi.nlm.nih.gov/articles/PMC11747593/
Weale, M. (2024). Possible harms of artificial intelligence and the EU AI act: Fundamental rights and risk. Journal of Risk Research, 27(9), 1127–1143. https://doi.org/10.1080/13669877.2024.2350720
Zaiarnyi, O. A. (2019). Assessment criteria for the lawfulness of artificial intelligence technologies application in health care. Wiadomości Lekarskie, 72(12/2), 2568–2572.
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