From Curators to Creators: Navigating Regulatory Challenges for General-Purpose Generative AI in Europe

Abstract

This study examines the regulation of general-purpose generative AI (GPGAI) in the European Union, dividing the analysis into two parts. First, it explores whether GPGAI, by generating new content, qualifies as a content provider and thus falls outside the scope of ‘safe harbour’ protections. Drawing on case law from the CJEU and the Digital Services Act (DSA), the paper argues that GPGAI, by actively contributing to content creation, goes beyond the role of a mere intermediary and should therefore not benefit from safe harbour exemptions. Having established GPGAI’s active role in content generation, the second part of the study addresses the broader regulatory implications, focusing on the AI Act and the revised Product Liability Directive. It contends that the AI Act’s risk-based approach is insufficient to address the dynamic and unpredictable nature of GPGAI, potentially leading to ineffective regulatory obligations. The paper concludes by advocating for more tailored legal frameworks to ensure the responsible development of GPGAI, striking a balance between fostering innovation and safeguarding users