EU Designates ChatGPT for Stricter Online Safety Rules

OpenAI's ChatGPT has been designated as a very large online platform (VLOP) under the European Union's Digital Services Act (DSA), subjecting it to stricter content moderation and safety regulations. This designation, announced on April 24, 2024, by the European Commission, means ChatGPT must now adhere to a comprehensive set of obligations aimed at mitigating risks associated with its services, particularly concerning illegal content and disinformation. The DSA, which came into full effect in February 2024, requires VLOPs to conduct risk assessments, implement robust content moderation systems, and provide users with greater transparency regarding algorithmic decision-making and content amplification.

In addition to ChatGPT, the European Commission also designated Reddit and Roblox as VLOPs. This brings the total number of platforms subject to the DSA's most stringent rules to 24. These platforms are defined as having at least 45 million active users in the EU, representing 10% of the EU's population. The DSA mandates that these VLOPs must take measures to address systemic risks, such as the spread of illegal content, disinformation, and negative effects on fundamental rights, mental health, and civic discourse. They are also required to allow users to flag illegal content easily and to provide clear explanations for content moderation decisions. Furthermore, VLOPs must offer at least one out-of-court dispute settlement body and cooperate with the Commission and national authorities.

OpenAI, the creator of ChatGPT, will need to implement specific measures to comply with the DSA's requirements. This includes establishing clear policies for user-generated content, ensuring that its AI models do not inadvertently generate or amplify harmful content, and providing mechanisms for users to appeal moderation decisions. The company must also be prepared for potential audits and investigations by the European Commission. Failure to comply with the DSA can result in significant fines, up to 6% of a company's global annual turnover, which could amount to billions of euros for major tech firms. The designation of ChatGPT as a VLOP highlights the growing scrutiny of generative AI technologies and their societal impact within regulatory frameworks.

The inclusion of Reddit and Roblox alongside ChatGPT underscores the EU's broad approach to regulating online platforms, encompassing social media, gaming, and AI-driven services. The DSA aims to create a safer and more transparent online environment for European citizens. For Reddit, known for its vast array of user-generated forums, and Roblox, a popular metaverse platform for young users, the DSA's obligations will necessitate significant adjustments to their content moderation and safety protocols. The European Commission will now oversee these platforms' compliance, working to ensure they uphold the principles of the Digital Services Act and contribute to a healthier digital ecosystem.