Croatian media outlet reported for AI-generated fake content, but complaint dismissed

(Patria) - The Electronic Media Council (VEM) of Croatia ruled on a reported instance of fake content – an AI-generated photograph in an article about a bus accident in Germany published on July 4 on Net.hr, and determined that there was no violation of the Electronic Media Act.

The Croatian media regulator confirmed that this is the first case where, following a citizen's complaint, a ruling was made on fake content created by artificial intelligence (AI) in Croatian media, and, as stated in the complaint, without citing the source.

The complaint was filed by a reader of the Net.hr portal in early July this year. A statement was requested from the publisher after a VEM session in mid-July, and the statement was received in early August, within the legally prescribed period, the Croatian media regulator states.

"The text and the controversial content were reviewed, and it was determined that the reader had correctly noticed that the photograph published on Net.hr was generated by artificial intelligence. However, in the video published lower in the article, there is a disclaimer explaining that the video contains information gathered from various media and illustrations made with AI technology.

The text is in English, but there is a notice in Croatian in the upper left corner, 'Modified or synthetic content,' which the YouTube service requires from authors when publishing such content," the VEM response states. They also added that net.hr marked YouTube as the source of the photographs "because they were taken from the aforementioned video".

Controversial content removed shortly after

"In this specific case, the use of artificial intelligence tools to create an illustration of a real event did not have the aim or effect of significantly distorting the behavior of a reader or group of readers in such a way that their ability to make an informed decision is significantly impaired, leading them, for example, to make a decision they would not otherwise have made, in a way that causes harm to that person or group of people who read the article," the media regulator explains.

In addition, the VEM response highlights that the controversial content was removed immediately after RTL Croatia d.o.o., as the publisher of the electronic publication, was asked for a statement, which stated that the controversial AI-generated photograph was used to accompany the text as an illustration of a real event.

"By timely removing the content, the media service provider has shown that it recognizes its responsibility and respects the ethical standards of media operations. By removing the controversial content, the further spread of fake information is reduced," the VEM response concludes to Hina.

Increasingly difficult to distinguish truth from manipulation

VEM also explains that artificial intelligence has brought numerous benefits in recent years, but at the same time, it has opened serious questions related to the creation and dissemination of fake content. The emergence of deepfake technology and other tools that enable the creation of realistic but completely artificial images, sounds, or videos makes it increasingly difficult for citizens to distinguish truth from manipulation.