AI, Rights and Innovation in USA and EU regulation: Freedom of Speech in the Digital Kingdom of Platforms

This Chapter focuses on the delicate balance between freedom of speech and online regulation in the context of digital platforms and consumer rights, comparing the different ap-proaches taken by the U.S. and the EU in regulating online intermediaries and content moder-ation. The Chapter provides a detailed view of the intersections between artificial intelligence and freedom of expression, highlighting the differences and shared challenges faced by both regions. In the U.S., freedom of expression is protected by the First Amendment to the Consti-tution, which guarantees platforms maximum freedom to moderate content, even at the cost of tolerating problematic content. This leads platforms to be more willing to allow the circulation of information, even if false or harmful. After years of taking a more liberal stance, the EU has intensified its regulatory measures to address the challenges of the digital age, focusing on the protection of human rights. In Europe, regulation is sometimes perceived as a form of censor-ship, as it limits freedom of expression for the sake of safety and security. On the other hand, in the U.S., there are concerns that excessive emphasis on protecting freedom of speech might favour the spread of disinformation and harmful content.