Concern 868 · Working draft · editorial review in progress
Freedom of expression online
Freedom of expression concerns how AI systems can affect people's ability to create, find and share ideas without unjustified interference.
Understanding the concern
AI can help translate a message or make publishing easier. It can also filter speech, rank attention or produce misleading material that overwhelms a discussion. These uses raise different questions: removing unlawful content, limiting harassment and suppressing legitimate criticism are not the same action.
Council of Europe guidance examines these tensions for generative AI. Rights duties and platform responsibilities depend on context; there is no simple worldwide rule requiring every chatbot to answer every request. Think of a town noticeboard whose gatekeeper is hard to question. Clear rules, reasons and a way to challenge mistakes help people understand how their expression is being treated.
An example
An automated filter removes a lawful discussion of a sensitive topic, and the writer cannot find out why or seek review.
Illustrative unless identified as a documented case.
Words in plain English
- AI
- Software that learns patterns from examples or uses rules to perform tasks such as recognizing images or generating text. It can make mistakes and does not understand every situation as a person would.
Evidence and its limits
The guidance is a human-rights framework, not a claim that all refusals violate a legal right or that private services have identical duties everywhere.
Council of Europe CDMSI 2025 · Human-rights guidance
Guidance note on the implications of generative artificial intelligence for freedom of expression ↗ (opens in a new tab)Discusses expression and information rights around generative AI. Does not establish an unlimited right to every response from every private service.
Broader frameworks and background
These resources provide context. They do not establish every claim in this concern.
- EU AI Act — high-level summary (opens in a new tab)
regulation
- Council of Europe AI Convention (opens in a new tab)
regulation
- International humanitarian law (IHL)
framework
The body of law that governs the conduct of armed conflict and the protection of people who are not fighting, which applies to AI used in or for conflict.
A question to discuss
How can the service address real harms while preserving legitimate expression and a workable appeal?
Keep track of different views, what needs checking, and any next step in your own discussion notes.
Open discussion notes →Principles for the conversation
Before you finish · reflect together
Virtues and principles to consider
Virtues are qualities we practice in how we treat people and make choices. They are not scores for judging someone. Use these ideas to explore what a thoughtful response could look like.
Justice
Justice means fair treatment, fair procedures, and attention to who receives benefits and burdens. It asks whether people with less power can be heard and seek repair.
Look at outcomes across different groups and individual cases. Provide a usable way to challenge decisions and correct harm. Equal wording in a policy does not guarantee equal treatment in practice.
Ask together: Who benefits, who bears the cost, and who can challenge the decision?
Accountability
Accountability means being answerable for decisions and taking responsibility for repair. It requires more than saying that the software made the choice.
Name the person or team responsible, keep useful records, and give them authority to correct problems. Make the route to a complaint clear to the people affected.
Ask together: Who will answer for the outcome and help put things right?
Dignity
Dignity means recognizing each person's worth regardless of usefulness, status, or a system's score. People deserve respect and a voice in matters that affect them.
Explain important decisions, avoid humiliating treatment, and keep room for a person's story. Do not treat a prediction as a complete account of who someone is.
Ask together: Does this use treat each person as someone whose experience matters?
Editorial ratings
These are editorial judgments from the register, not measured probabilities or predictions about your situation.
About the register and scoring →More ways to explore
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