A constitutional-driven change of heart: ISP liability and artificial intelligence in the digital single market

The role of online intermediaries has changed since the adoption of the e-Commerce Directive in 2000. The implementation of artificial intelligence technologies in online content management has challenged the original passive role of online service providers in relation to third-party content. As a result, the EU strategy has shifted from a liberal approach to ensure the development of new digital services without overwhelming ISPs of monitoring and removal obligations to the regulation of online content management activities. The threats for fundamental rights deriving from opaque decision-making processes of online content have overcome the traditional narrative of ISPs’ freedom to conduct their business. The result of this process has led to a new regulatory phase within the framework of the Digital Single Market strategy.