Hasić: AI doesn’t understand what it “creates”, so it can generate false claims

22/04/2024

Haris Hasic slika za intervju o AI — PHOTO: Canva/Private archive

Sarajevo, April 22, 2024 – In anticipation of the International Copyright Day (April 23), we spoke with an expert on the protection of copyright and related rights, Haris Hasić. In an interview with BH journalists, he explained the importance of artificial intelligence (AI) for journalists and media workers, and highlighted the benefits and potential limitations that the use of different AI tools in journalism can bring Does the user of the AI service have copyright over what the AI creates?

The user of the artificial intelligence service can be the author of a “prompt”, i.e. a question or query posed by the AI and to which it provides an answer or output. This is provided that the “prompt” can be qualified as an “individual spiritual creation”. In that case, whether the user will have the copyright to the content created by AI on that “prompt” is an open and disputed question in theory, but also in practice. Not enough time has passed for the legislature or the courts to take a position on this issue. In principle, the more “freedom” AI has to make creative decisions, the less likely it is that the user (journalist or other creator of media content) will have copyright on the created output.

What percentage of a journalistic text can contain parts created by artificial intelligence to still be considered an author’s work?

The user is free to take the text he receives from the AI and subsequently refine or rework it. In that case, the user would have the copyright over what he added to the text itself. There are no solid percentages of how much of the original text may or may not remain, since the answer to this question can only be obtained on a case-by-case basis. It is important how much and what the user entered into the existing material. However, a journalist or other author in the media, who takes the AI output and makes his own changes and additions, cannot claim to be the author of the entire content. One of the disadvantages of the fact that AI output is not copyright-legally protected is that any person can use that same output for their own needs, and a journalist or media worker could not object to that use if it refers to what was created by AI. and not to what is added. Of course, the big problem here will be proving it in court proceedings, if it comes to them.

Why should journalists and media workers be careful when using artificial intelligence tools?

Most artificial intelligence tools show a tendency to “hallucinate” or make up facts and make other types of mistakes. To understand this, we must remember that artificial intelligence is not “intelligent” at all. AI is an advanced set of algorithms made using sophisticated statistical correlative models that, “learned” on large amounts of data, can “guess” the order of words that should have symbols or image elements, etc. AI does not understand what it creates, so it can generate false claims or otherwise make mistakes. As an expert and professional person, the journalist bears direct responsibility for all damage that occurs as a result of publishing “hallucinations” or other errors of artificial intelligence. Standard practice must be to verify any fact that is obtained from AI using multiple independent sources. An additional danger arises from the fact that AI can be used to imitate voices and sounds (the popular “Deep fakes”) or generate fictitious photos, etc. All this can make the job of a journalist or media worker significantly more difficult. So, there are many reasons for special attention and caution when using these tools, but also in general for professional journalistic activity in a world where various AI tools exist and are used.

How can journalists be transparent in their use of artificial intelligence tools?

The use of artificial intelligence tools should be clearly indicated, as well as the role of the journalist or media worker in relation to the AI prompt and the subsequent editing of the AI output. As is the case with all disruptive technologies, initially the entire field is unorganized and can be defined as the “wild west”. However, professional rules, good customs and practice will crystallize over time. Until then, as until now, journalists and media workers should have the strictest and highest standards in the use of AI in the creation of their content and be as transparent and honest as possible.

Does artificial intelligence “infringe” copyright?

In order to create a generative artificial intelligence model, such as ChatGPT, it must first be “trained” on a large amount of data. Training data can be, and often are, copyrighted works. In the legal regulations of our BiH, the author has control over all possible ways of using his author’s work except those that the legislator has expressly allowed to other persons, and the author has the right to monetary compensation for each way of using the author’s work, unless the legislator has expressly arranged otherwise. With us, your axiom, and mine, is that training an artificial intelligence model using someone else’s author’s works is something for which the author’s permission must be obtained and the author must be paid a fee! Companies that train AI models disagree with this view. For this reason, the New York Times, the Associated Press, and numerous other news and media outlets sued Open AI, Microsoft, and other companies that train AI. We’ll see what the results of those lawsuits are. But we are already noticing that these companies are increasingly entering into contracts and paying authors for the use of their author’s works for training artificial intelligence models. It is also possible for the user to be sued if the author believes that the specific AI output contains elements of his or her author’s work. AI service providers have created legal defense funds for such cases, because there is not enough practice on this issue even in the world.

Are the author’s works of journalists and media workers from Bosnia and Herzegovina used for training artificial intelligence?

Absolutely sure! I would be very surprised if that is not the case. I think that all the author’s works of journalists and media workers from our country, which are available on the Internet, were used to train the AI model. It must be remembered that these are automated systems that constantly search and mine or “scrape” the Internet to collect/research data. At this moment, it would be extremely expensive, complicated and generally difficult for journalists and media workers from BiH to sue OpenAI or other providers of the most prominent generative artificial intelligence models for violating their copyrights. Such procedures would entail large financial expenditures and the participation of experts and would have to be conducted in the USA. However, something can be done right now to reduce, as much as possible, such mining of author’s works by journalists and media workers from Bosnia and Herzegovina. There are technical measures in place to let the training collection mechanisms know that you don’t want your pieces to be used. Whether it is through “robot.txt” instructions on websites or through explicit indications that you prohibit the use of training content in both human and machine readable form.

What is the current legal arrangement of artificial intelligence in the context of copyright in Bosnia and Herzegovina?

The legal rules governing copyright and related rights in our country are written in such a way that they are technologically neutral, so they can be applied to new and unforeseen technologies such as artificial intelligence. At this time and at this stage of artificial intelligence development, our rules are satisfactory. As artificial intelligence technology matures, theoretical and practical understanding will certainly develop, and a consensus will be reached on how this technology should be regulated. When that moment comes, as was the case with other technologies, the relevant legislation will probably be adopted in the EU or in more developed countries, which we will transpose. Until then, professional workers who depend on copyright and who professionally use artificial intelligence tools should try to anticipate and arrange disputed issues autonomously. The European Union is currently in the final stages of adopting a comprehensive set of rules known as the EU AI Act. This is the first legislation of its kind in the world and represents a kind of test for the development of legal regulation in the field of AI. Among other things, the EU proposes that in the training and use of AI tools they must protect and respect copyright.

Why is it important that there is better legal regulation regarding artificial intelligence and what can the Association of BH Journalists do in this area to protect the rights of journalists and the media?

Adequate legal regulation of the technology is absolutely crucial. On the one hand, excessive legal regulation can delay or hinder the development of technology. On the other hand, inadequate regulation may allow the creators of AI models to gain a competitive advantage and wealth to the detriment and detriment of the interests of authors related to the works they use to train this technology. In this context, BiH as a country should be very careful and not allow the adoption of rules that would excessively benefit AI service providers to the detriment of authors from BiH. This was the case with the proposal that we could see in the draft amendments to the law regulating copyright in our country. Namely, it was proposed to allow the free use of author’s works in BiH, among other things, for training AI models. The Association of BH Journalists submitted amendments to this proposal, providing a detailed explanation of why such a thing would be against the interests of journalists and media workers from BiH, and against the obligations of BiH that it undertook in international conventions in this field. That is why it is important that BH journalists continue to persist in protecting the author’s works of journalists and the media, and do not allow the adoption of the Law in the form it was proposed. As an advocate and promoter of the interests of journalists and media workers in our country, the Association can work with the legislator and the industry in developing standards and good practices and customs in the use of AI and ensure that the legal problems of using AI technology are handled in a more appropriate way. Training AI models and providing these services is very expensive, and it is an important area of activity for very rich companies. Someone with so many resources is adept at lobbying legislators. Therefore, journalists and media workers in Bosnia and Herzegovina, and generally all authors, need someone who will “whisper in the other ear” of the legislator what the rights of journalists and the media as authors are, that is, who will advocate for the legislation to be appropriate to protect the rights and interests of authors in journalism.

PHOTO: Canva/Private archive

The European Commission responded to CJA’s letter: We will closely monitor developments regarding the Criminal Code.

CJA

06/04/2024

Today, the European Commission responded to CJA’s letter expressing concern about the potential consequences of introducing a new criminal offense related to journalists’ work. As stated in the response, they have closely followed developments, especially as part of preparations for the Commission’s Annual Rule of Law Report.

The European Commission’s response also states that they are aware of the open letter from CJA and the editors of 19 Croatian media outlets and will continue to closely monitor relevant developments in Croatia regarding the practical consequences of recent amendments to the Criminal Code.

It is worth noting that the Croatian Journalists’ Association believes that the amendments to the Criminal Code regarding unauthorized disclosure of information from investigations, colloquially referred to as “Lex AP,” are dangerous for media freedom and the public’s right to be informed. CJA finds Article 307.a of the Criminal Code, “Unauthorized Disclosure of Content from Investigative or Evidentiary Actions,” unacceptable and has requested its withdrawal.

Ten questions from the Science Journalists section of the Croatian Journalists’ Association on the science system and science policy.

CJA

05/04/2024

The Science Journalists section of the Croatian Journalists’ Association has directed ten questions about the science system and science policy to all political parties in Croatia. All answers received before the start of the pre-election silence will be published on the Croatian Journalists’ Association website in the order they arrive.

“We hope that our political parties will take advantage of this opportunity to present their views on the issues in the science system and inform the wider public about the solutions they plan to offer after winning the elections,” stated the Science Journalists section of the Croatian Journalists’ Association. The questions are as follows:

1) When you come into power, whom would your party nominate for the Minister of Science and Education? Additionally, regardless of their party affiliation or lack thereof, who would you like to see at the helm of that ministry?

2) Do you know what percentage of Croatia’s GDP is allocated to science and research in Croatia and where we stand in the EU in this regard? Do you plan to increase that percentage after winning the elections?

3) How do you assess the importance of basic sciences compared to applied sciences, and how will you establish the funding ratio between these two categories when you become part of the executive branch?

4) What are the two pressing issues in the Croatian science system that you see, and what will your party do as part of the ruling coalition after the elections to address them?

5) What measures will you take as part of the government to stop the brain drain of young and highly educated professionals abroad, with an emphasis on individuals who are already part of the science and higher education system?

6) Why have only a few projects in our country received support from the prestigious ERC fund, reserved only for the most promising scientific projects in the EU, while some scientific institutions in our immediate neighborhood have multiples more?

7) Do you agree that one of the major social problems in our country and the world is the decline in public trust in science and the rise of pseudoscience? If yes, how will your party in the Government direct state policy towards solving this major problem?

8) What measures will you take to ensure the promotion of the transfer of new technologies from the science system to the economy? Do you think that separating the science sector from the Ministry of Science and Education and forming an independent Ministry of Science and Technology could help in this regard?

9) How will you, within the ruling coalition, utilize the potential expertise, competencies, and experiences possessed by employees in the science and higher education system in improving legislation, introducing new regulations, and generally making correct decisions based on facts and science?

10) Do you advocate for an increase in the share of the Croatian Radiotelevision (HRT) program dedicated to science, considering that such programs are diminishing year by year, and will you introduce such an obligation into the Law on HRT?

Press Council: Stop Shameful Media Coverage of Child’s Death

IJAS

04/04/2024

The Press Council calls on all journalists and editors to immediately stop the scandalous, sensationalist, disturbing and shameful reporting on the death of a two-year-old girl from Bor and to show a minimum of respect for the victim, as well as consideration and compassion for her family.

By reporting on (accurate or fabricated) details of the crime, certain media today have violated all the ethical standards of journalism, but also the basic norms of decency and humanity.

At the last session, the Complaints Commission of the Press Council expressed its deep concern over the reporting, which a week ago was inadmissibly sensationalistic and undignified, but today reached a new, incomprehensible, low point.

The Press Council also calls on the Ministry of Information and Telecommunications to immediately react and sanction the media which, we believe, violated the legal norms.

Belgrade, 4.4.2024

Management Board of the Press Council

The Management Board of the Press Council includes representatives of the Media Association, Local Press, the Journalists’ Association of Serbia and the Independent Journalists’ Association of Serbia.

Physical attack against Lajmi.net journalists

AJK

03/04/2024

Lajmi.net journalists, Fjolla Hyseni and Lindita Berisha were physically attacked today by a couple on Rruga C in Prishtina.

In the disturbing footage published by the media a woman and a man are seen attacking journalists and attempting to prevent them from filming. According to this media, the incident started when the taxi carrying the journalists blocked their path, leading to a physical confrontation first with the taxi driver.

For the Association of Journalists of Kosovo, the physical attack on journalists Hyseni and Berisha is extremely disturbing, unacceptable, and a serious threat to the safety of journalists.

The journalists and the media have already reported the case to the Kosovo Police, and AJK invites the Police and the Prosecutor’s Office to take all the necessary actions to urgently address the physical attack that has happened.

Council of Europe: Two new cases from Serbia on the The Platform for the Protection of Journalism and Safety of Journalists

IJAS

03/04/2024

The Council of Europe included on the Platform for the Protection of Journalism and the Safety of Journalists (COE platform) a new case of pressure and threats from Serbia that was previously pointed out by the SafeJournalists Network. The case refers to death threats addressed to the N1 newsroom through comments on the website. The second case from Serbia included on the COE platform refers to the accusations of Serbian President Aleksandar Vucic against the Guardian, Bild and FAZ that they are waging a hybrid war against him.

Threats to the editorial office of N1

On February 26, 2024, the newsroom of the N1 channel in Belgrade received death threats in the comments section of its website.

The author wrote: “I will kill you all soon”, with insults and claims that he knows where the journalists live and “what kind of cars they drive”. N1 program director Igor Bozic told the SafeJournalists network that the newsroom has recently been the subject of a large number of threats. “Institutions in charge of protecting the public must be particularly sensitive to journalists who are the voice of citizens. “It’s a small step from threats to physical attack,” he said. The Independent Journalists’ Association of Serbia (IJAS) strongly condemned the threats and called on the authorities to take repressive measures against the perpetrators.

In addition, the SafeJournalists Network reported on the threats previously addressed to the N1 newsroom, which was also included in the COE Platform.

On January 11, 2024, Igor Bozic, program director of the N1 channel, received an email sent for him to the N1 address. It said: “The day will come when you will have bloody heads, your mother is a Nazi, a bastard, a Serb-hater, a traitorous s***.” Two similar emails had already been sent to Bozic a month earlier. The threat was reported to the Special Prosecutor’s Office for high-tech crime on the same day.

Namely, on December 3, 2021, the staff of N1 television received threats via Twitter and email. A post on Twitter called for a raid on the television studio, the interruption of broadcasts and the expulsion of staff, while the email directly threatened N1 employees and their families: “I want to say do not cry over what happened or what is happening to your loved ones.” Threats on the Internet were also sent in connection with the nationwide protests held on December 4.

“A hybrid war”

On February 5, 2024, Serbian president Aleksandar Vucic declared on television that he was a victim of, as he said, a “hybrid war” waged by international newspapers. Referring to articles by the Guardian, Bild and Frankfurter Allgemeine Zeitung (FAZ) on Happy TV, President Vucic called the Guardian a “criminal list” and stated that everything foreign newspapers said and did was “allegedly related to the elections and the state of democracy in Serbia.” , was actually aimed at weakening the country.

The allegations have been vehemently denied. FAZ journalist Michael Martens denied that he had ever written that President Vucic was planning a war the next day in a comment for the N1 channel and said: “It seems to me that the President of Serbia knows very well that there is no hybrid media war against him – at least not by me and Frankfurter Allgemeine Zeitung, but I don’t think from other western media either. I don’t know if this is true for the Russian media as well.”

A Guardian spokesperson told Radio Free Europe (RSE) that President Vucic’s comments were “absolutely unfounded” before reaffirming the paper’s commitment to “fearless, independent journalism that calls out those in power.”

The Platform for the Protection of Journalism and Safety of Journalists is a unique mechanism that facilitates dialogue between governments and journalistic organizations, with the aim of stopping violations of press freedom in the member states of the Council of Europe and allowing journalists to carry out their profession without the risk of endangering their safety.

The second module of the Academy on Dealing with the Past (DWP) journalis, and Conflict Sensitive Reporting was held

AJK

02/04/2024

Journalism students and journalists of the Academy, during the second module, were lectured about the impact of disinformation on dealing with the past.

This module of the Academy was lectured by Getoarbë Mulliqi, Executive Director of the Association of Journalists of Kosovo, who spoke to the participants about the complex relationship between disinformation and social efforts to address and reconcile historical injustices and conflicts. They were able to see how false narratives and disinformation can misrepresent public understanding of historical events, hinder reconciliation processes and perpetuate divisions. Through discussions and practical work, journalists had the opportunity to see strategies for identifying and combating disinformation, with a focus on fostering an informed public discourse that supports truth-telling and accountability.

Also, at the end of the module, the documentary ‘Think Like a Fact Checker,’ with the author Getoarbë Mulliqi, produced by the Association of Journalists of Kosovo and supported by the U.S. Embassy in Pristina, Kosovo, was shown

The documentary was produced in Washington DC, Los Angeles, and Saint Petersburg in the United States of America.

The Academy on Dealing with the Past (BmK) and Conflict Sensitive Reporting will continue with two more modules in the following months.

BH journalists: Soon a free helpline for human rights defenders

BHJA

29/03/2024

Sarajevo, 29.3.2024. At the beginning of last year, the situation in Republika Srpska worsened, especially when amendments to the Criminal Code criminalizing defamation were adopted. Then followed the announcements of the adoption of the Law on the Special Register of Non-Governmental Organizations (the so-called law on “foreign mercenaries”), as well as a number of other very restrictive laws from which it was clear that the space for the work and activity of activists in this part of Bosnia and Herzegovina would be less and less. It is for this reason that BiH journalists organized an internal two-day training with representatives of the Helsinki Citizens’ Parliament of Banja Luka (HPGBL) and Transparency International BiH on the establishment of a helpline for the protection of the rights and safety of human rights defenders.

The goal of the training was to exchange knowledge, experience, best practices and new perspectives in providing free legal assistance within the Free Media Help Line (FMHL) in order to be able to react and help activists in a timely manner.

Dragana Dardić, program director of the Helsinki Citizens’ Parliament Banja Luka stated that this in-house training is the official start of a project that is primarily aimed and focused on the protection of human rights defenders in BiH who find themselves in certain crisis situations, as well as their regular monitoring and reporting on all occurrences of human rights violations in Bosnia and Herzegovina.

“At this training, we had the opportunity to hear the experiences of the helpline for journalists, which will be very important for the establishment of our helpline for human rights defenders, which will be unique in Bosnia and Herzegovina. We already have a legal team, but it will expand with human rights expert lawyers who will be at the service of activists who find themselves in certain crisis situations. Some activists found themselves directly under attack and under different types of pressure from different actors. Judging by what we see now, Linija will have its hands full,” said Dardić.

Transparency International BiH (TI BiH) already has an established line for providing free legal aid, noted Ena Kljajić-Grgić, head of the Center for Providing Legal Aid in TI BiH, which citizens call every day.

“We exchanged experiences that were very useful to all parties in our process, because each of our organizations has a special approach to the group it represents. Our conclusions are that in all this we must act together in order to be useful to human rights defenders. Last year alone, Transparency International BiH had 1,337 calls to the free line for reporting cases of corruption, that is a telephone line. We acted in 317 cases, some of which were from citizens, some of which we initiated on our own initiative,” said Kljajić-Grgić.

Borka Rudić, general secretary of BH journalists, believes that the experience of the Helpline for Journalists (FHML) in protecting the rights and freedoms of journalists in BiH is very valuable for other civil society organizations and activists in terms of knowledge transfer and good practices.

“FHML has been operating in Bosnia and Herzegovina for 20 years and we can truly say now that we have the capacity for ‘know-how’ training methodologies and building the capacity of others to provide free legal and professional assistance to persons facing human rights violations and other security risks. This training showed that we have so much in common with HPGBL and Ti BiH in legal support and advocacy for the rights of human rights defenders, whistleblowers and journalists that it is the right time to coordinate activities, share values and achieve more effective results in the protection of the aforementioned groups.” said Rudić.

She added that these three organizations will coordinate activities and jointly represent the interests of journalists and defenders before various institutions and above all before the judiciary and the executive and legislative authorities.

BH journalists: Online threats and other forms of cybercrime are a big problem in the Herzegovina-Neretva region

BHJA

29/03/2024

Mostar, 27.3.2024. Media professionals in Bosnia and Herzegovina would feel safer if there was a Registry of cyber bullies, but also if the legal regulations were changed and adapted to the current problems that journalists face in the online space. Also, it is very important that the media write more about cyber violence. These are some of the conclusions of the educational training held on Wednesday in Mostar organized by BH journalists (BHJA) and FMHL (Free Media Help Line) with the participation of journalists and editors from Mostar, Čapljina and Nevesinje.

The training was organized with the aim of training journalists and media in the local community about the system of legal and institutional support and how to use effective protection through the use of legal representation in cases of threats, attacks, gender-based violence and misogyny in the online sphere, as well as other forms of cybercrime such as hacker attacks, violation of copyright and other rights, theft of identity and media content, etc.

Denija Hidić, a member of the Cure Foundation Team, noted that attacks on female journalists are becoming more frequent in the online/offline sphere of activity, and that these attacks on female professionals, media workers also have a note of gender-based violence and discrimination.”Such forms of hate speech, gender-based violence and misogyny should be condemned in the public space, and we all have a duty to protect female journalists and provide them with freedom in reporting. It is necessary to process the attackers according to the priority process and to protect female journalists. The Law on Gender Equality provides key tools for female journalists to refer to the provisions of the law that protect women’s rights and discrimination against women based on gender,” said Hidić.

Internet abuse, doxxing, DDoS attacks and phishing and malware attacks are cases of security threats and risks that the Federal Police Administration (FUP) in Sarajevo has recorded in its work, said Saša Petrović, inspector of FUP Sarajevo at a training session in Mostar. He emphasized that the reports of journalists do not differ from the reports of ordinary citizens and that the law does not currently recognize journalists differently. He also pointed out that without the initiative of the Prosecutor’s Office, the police cannot react.

“The prosecution and the prosecutor is a key institution that manages the investigation, supervises the investigation and finally writes the indictments and sends the indictments to the court. The police is only an executive body. We have our basic powers that we must respect. I think that all issues of jeopardizing the safety of journalists should be asked of the prosecutors. In Serbia and Croatia, the criminal code regulated ‘harassment on the Internet’ as a criminal offense, this is not yet the case in our country and we should advocate for it,” Petrović said.

Attacks on the privacy, security and freedom of expression of media workers represent a serious risk not only for them as individuals, but also for democratic processes and freedom of information in Bosnia and Herzegovina (BiH).

According to the records of the Journalist Helpline (FMHL), out of 87 cases registered in the database during 2023, there are 35 cases where threats/attacks were directed at female journalists. In the past year, the Helpline for Journalists and the Association/Association of BH Journalists have registered in the database 24 cases related to cyber attacks and threats, where the victims of threats were most often female journalists (in 8 cases), while 5 media houses were exposed to multi-day attacks. hacker attacks.

Also, we point out that last year 72 individuals from the journalistic community and 15 media used free legal aid within the framework of FMHL, including representation before the courts, and the protection of journalistic rights and freedoms before institutions at different levels of government.

The training was organized with the support of the US Government as part of the USAID program to help independent media in BiH #MEA, which is implemented by Internews in cooperation with the organization Fhi360 and local partners.

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