AI-Generated Content and the Pollution of the Information Sphere: A Freedom of Expression Analysis under Article 10 ECHR

Abstract

This thesis analyses whether and to what extent AI-generated content is protected by freedom of expression and information under Article 10 §1 ECHR, and under what conditions state interferences can be justified to protect the integrity of the information sphere. Synthetic content is increasingly present and has the potential to impact the digital information sphere. The analysis examines the extent to which it causes structural impairment. It therefore begins with a systematic categorisation of the phenomenon of 'pollution of the information sphere' into qualitative, quantitative, and formal dimensions. A legal analysis then determines whether, and under what conditions, AI-generated content falls within the scope of protection of Article 10 §1 ECHR. The assessment relies on established methods of doctrinal legal interpretation. It shows that content which is either attributable to a human or that contributes functionally to public discourse is eligible for protection. State interferences can be justified if they are prescribed by law, serve a legitimate aim and are necessary for a democratic society. In this context, the analysis demonstrates that the protection of the information sphere can be subsumed under several legitimate aims under Article 10 §2 ECHR. While the qualitative pollution of the information sphere can clearly be restricted under certain conditions, addressing quantitative information pollution requires a more comprehensive, systemic regulatory solution. The results indicate that AI-generated content remains assessable within the existing ECHR framework. The taxonomy of information pollution developed in this thesis can serve as a methodological frame of reference for future legal and empirical studies.