A/80/278 are potentially presented with a reduced diversity of works. All such AI -generated choices and the related obstacles are, in essence, not made by the individuals themselves, but are a reflection of strategic economic interests to maximize user engagement and establish market dominance. For example, a streaming platform also involved in content production (such as Netflix) will tend to highlight the works that it has produced. This is referred to as algorithmic self-promotion or algorithmic favouritism. Platforms also steer audience attention towards cultural content the consumption of which maximizes their profit. 45. Recommendation algorithms made more effective by AI tools have a direct effect on the diversity of creative works in the digital environment, which is regarded as a public space. 66 Creative works that do not conform to dominant or popular styles may be disadvantaged or even completely ignored. Creative expressions from non-dominant cultures may also be entirely excluded by recommendation algorithms. 67 Works by independent artists, local artists or groups addressing topics of interest to smaller groups may be rendered invisible. This leads to clear discrimination when certain types of works or works by certain creators are systematically disadvantaged. AI systems can also be used to optimize recommendation algorithms as tools of censorship, which is at odds with the right to freedom of artistic expression and creativity. “Invisibilization” may affect works that address sensitive or polarizing subjects or artists that represent certain cultures or schools of thought. Don’t Delete Art is an example of a group that draws attention to the need to restore public access to artistic expressions that have been excluded from public discourse. It republishes on its own website artistic content that has been removed by platforms and provides artists with a list of hashtags to avoid in order to prevent censorship. 68 However, measures must also be taken by States, not only by civil society. 46. The fact that a small number of platforms disseminating cultural content dominate the global market is concerning. OpenAI, ChatGPT, Google Gemini, Meta AI and Microsoft Copilot control the infrastructure and the choice of cultural content they share. They decide which voices are indexed and which are buried, generating an information asymmetry 69 that may be affecting the discoverability of works. In essence, by allowing the uncritical use of AI, control over human realities has been surrendered to machines, or, rather, to the big technology companies that control such machines. International human rights law is clear: States must protect human rights by taking action to limit obstacles to their full realization. G. Affecting the working conditions of cultural practitioners 47. The interest of large corporations in the processes and outcomes of creativity has had a deep effect on cultural workers. 70 New professions are being created that combine artistic and digital skills, such as algorithmic curators or content editors. 48. However, the forms of creativity that do not use AI systems suffer. Artists’ renumeration is at stake, notably because platforms themselves invest in inexpensive __________________ 66 67 68 69 70 25-12403 Submission by Laurence Cuny, p. 2. Submission by European Coalitions for Cultural Diversity, p. 1. Laurence Cuny, “Être artiste aujourd’hui: quelques défis de protection de la liberté artistique dans l’espace numérique”, Lex Electronica, vol. 28, No. 4 (2023), p. 38. Submission by Pau Aleikum Garcia, p. 1. See Janine Berg and others, “Generative AI and the media and culture industry”, ILO research brief (2025). 15/21