A/80/278
concrete measures to correct the course and protect the spaces, time and
conditions necessary for the protection and exercise of human creative potential.
69. The Special Rapporteur recommends
international, national and local levels:
that
Governments,
at
the
(a) Ensure that national and international AI regulatory frameworks
explicitly and effectively respect, protect and fulfil cultural rights;
(b) Reaffirm the value of human creativity and adopt measures that
ensure the recognition and visibility of works created by humans, particularly in
environments where AI-generated content proliferates;
(c) Take measures to ensure the right of meaningful participation of all
affected individuals and groups, including through free, prior and informed
consent, consent-based protocols and ethical guidelines, in all matters relating to
AI, and protect traditional creative expressions and Indigenous knowledge
systems from unauthorized or inappropriate use by AI systems;
(d) Ensure that public funding and cultural policies actively support a
diversity of creative expressions, including those that do not rely on AI
technologies;
(e) Protect and promote data sovereignty in the cultural field, as
individual and collective authors must retain control over how their data is
collected, stored, used and shared in AI systems;
(f) Strengthen legislative and regulatory frameworks to guarantee the
protection of right holders’ moral and material interests when their works are
used to train AI models, including through transparency requirements;
(g) Adopt robust legal and technical safeguards to prevent the
non-consensual use of artists’ biometric data by AI systems and to regulate the
creation and use of synthetic replicas;
(h) Ensure that AI systems are never allowed to develop without human
intervention, and ensure that multidisciplinary and culturally diverse teams are
considered a minimum measure to prevent and reduce bias in AI systems and
processes;
(i) Mitigate gender-based bias in AI systems by applying intersectional
approaches, ensuring inclusive data sets and adopting safeguards that uphold
the rights of women, girls and gender-diverse individuals, and correct detected
discriminatory patterns;
(j) Ensure child-sensitive AI governance by embedding children’s rights
principles into AI design, with safeguards against data exploitation and identity
stereotyping;
(k) Adopt policies to ensure that recommendation, ranking and filtering
systems uphold the right to access and discover a diversity of creative
expressions, including those created by underrepresented groups;
(l) Develop and disseminate educational resources and training
programmes to strengthen the capacity of all, including technology personnel, to
understand, use and critically engage with AI systems;
(m) Stimulate and fund research initiatives aimed at documenting and
analysing the effects of AI technologies on human creativity;
20/21
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