In a landmark move, the Spanish government has approved a comprehensive bill that targets companies utilizing artificial intelligence (AI) without appropriate disclosures. This legislation imposes substantial penalties, reflecting a global trend towards greater transparency and accountability in the digital age. As digital technologies continue to permeate every aspect of life, the potential for AI to impact society significantly increases. This has prompted Spain to align with the European Union’s AI Act, which sets stringent guidelines for AI systems, especially those considered high-risk.
Massive Penalties for Mislabeling AI Content
Under the new bill, which is still pending approval from the lower house, companies could face fines up to €35 million ($38.2 million) or 7% of their annual global turnover for failing to properly label AI-generated content. This move is primarily aimed at curbing the proliferation of “deepfakes”—manipulated videos and images created by AI that appear deceptively real. Digital Transformation Minister Oscar Lopez emphasized the dual nature of AI: “AI is a very powerful tool that can be used to improve our lives… or to spread misinformation and attack democracy.” He highlighted the urgent need for regulations to mitigate the risks associated with advanced digital technologies.
Comprehensive Coverage and Strict Enforcement
Spain’s approach is more comprehensive than the U.S. system, which largely relies on voluntary compliance and a fragmented regulatory framework. The Spanish legislation includes a prohibition on subliminal techniques that could manipulate vulnerable populations, such as chatbots that might encourage gambling among addicts or toys that could coax children into dangerous behaviors. Additionally, the bill restricts the use of AI for biometric categorization that could lead to discriminatory practices, such as assessing individuals’ risks or eligibility for benefits based on personal traits or behaviors.
Role of AESIA in Upholding AI Ethics
The enforcement of these new regulations will be primarily the responsibility of the newly established AI supervisory agency, AESIA. This body will oversee the application of the law, except in cases related to data privacy, crime, elections, and certain financial systems, which will remain under the purview of specific regulatory bodies. Spain’s pioneering stance on AI regulation not only underscores the country’s commitment to ethical technological development but also sets a precedent for other nations within the EU and beyond. As AI continues to evolve, the balance between innovation and regulation remains a critical focus for policymakers worldwide. The Spanish bill, with its heavy penalties and broad coverage, marks a significant step towards maintaining that balance, ensuring that AI serves society responsibly and transparently.
