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form of its emotional expression. AI technologies cannot replicate the cultural
significance and emotions. 46
27. The opacity surrounding the criteria or data used by big technology companies
in order to suggest certain works to users makes the future bleaker. This lack of
transparency is a common feature of most major cultural content distribution
platforms. A ray of light is TV5MondePlus, which uses AI to promote and support
works that might otherwise be overlooked. By adapting the codes and interface logic
of mainstream platforms, it actively leverages AI to promote cultural diversity and
ensure greater visibility for a wider range of voices. 47
28. The increased use of AI also affects languages negatively. Cultural works can
now be subtitled, dubbed or translated by AI systems alone – a feature referred to as
automatic or automated translation – rather than through human intervention. AI tools
can be used for language preservation and revitalization: for example, native speakers
can be recorded so that audio content in their language can be generated, thereby
facilitating transmission to new generations. However, such tools currently seem
unable to faithfully reflect what creators express, including intention, sensitivity and
nuances, as well as irony and sarcasm. “Cultural understanding and nonverbal
communication are crucial in interpreting. Technology cannot adequately convey
cultural nuances, body language, idiomatic expressions, and context-dependent
meanings, leading to possible misinterpretations and subsequen t harm and
infringement of rights.” 48 Automated translation indeed uses statistics and
probabilities to suggest text in the target language; there is no real analysis or
understanding of the conveyed message. Machines lack human judgment and – unlike
the professional licensed interpreters acting under applicable laws – cannot be held
legally accountable. 49 While AI facilitates access to documents, in a sense
democratizing access to information, it also leads to linguistic impoverishment, that
is, a reduction of actively used vocabulary, a simplification of syntactic structures,
stylistic homogenization and the gradual erasure of regional or social language
variations. Efforts to improve AI tools in languages other than English are very slow,
as they are not as profitable. Minority and Indigenous languages are especially
affected.
29. All these issues severely impact cultural rights, particularly the right to
participate in cultural life in one’s own language, as well as the rights to create and
distribute works in any given language. This creates fears of exclusion and the
disappearance of linguistic diversity from the digital environment and, in the long
run, in the physical environment too.
D.
Exacerbating the divide: limiting the right to participate in
cultural life
30. Prevailing inequalities limit the ability of certain individuals and groups,
particularly those belonging to marginalized communities, including those living in
poverty and in remote areas, to use AI tools in a meaningful and self -empowering
manner to create and produce their works in all fields of human creativity. For many
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46
47
48
49
25-12403
Submission by Prakhar Singh, Samrudh Chirkankshit Bulani, Hargun Kaur, Amishi Jain,
Shatrupa Sharma and the Center for Advanced Studies in Cyber Law and Artificial Intelligence,
pp. 6 and 7.
See https://tv5mondeplus.com.
Submission by the International Federation of Translators, p. 3.
Submission by the Czech Association of Interpreters and Translators, p. 3.
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