A/80/278 of the High Commissioner for Human Rights 5 and its B-Tech Project, 6 the special procedures of the Human Rights Council, 7 the International Labour Organization (ILO), 8 the United Nations Educational, Scientific and Cultural Organization (UNESCO), 9 the International Telecommunication Union, 10 the Organisation for Economic Co-operation and Development, 11 the World Economic Forum, 12 the European Union, 13 the Council of Europe 14 and the African Union, 15 and after consultation with civil society, academia and multi-stakeholder initiatives, the Special Rapporteur warns that the impacts of AI on creativity and cultural rights have largely been neglected. In preparing the present report, the Special Rapporte ur also widely distributed a questionnaire in order to collect various views and experiences, to which 86 responses were received. 16 The Special Rapporteur thanks all for their contributions. 7. The aim of the report is to ensure that public authorities have control over the future of AI, that they can regulate its production and use and that they are accountable for its impact, so that people can use it in a meaningful and self empowering manner, without discrimination, fully retaining their right to express their creativity in all fields of human life. Workshops, discussions and plans must urgently be transformed into action; otherwise, humanity faces an impending avalanche of catastrophic consequences for cultural rights. II. The dangers of artificial intelligence for creativity 8. Autonomy and adaptability are the two elements that define and distinguish an AI system from other systems, including digitalized ones. According to the 2024 Council of Europe Framework Convention on Artificial Intelligence, Human Rights, Democracy and the Rule of Law, an AI system is “a machine-based system that, for explicit or implicit objectives, infers, from the input it receives, how to generate outputs such as predictions, content, recommendations or decisions that may influence physical or virtual environments” (article 2). The 2024 Artificial Intelligence Act of the European Union articulates these two elements explicitly (article 3 (1)). The feature of autonomy is also implicit in the 2021 UNESCO Recommendation on the Ethics of Artificial Intelligence (article 2). 9. Several elements included in the definitions of AI suggest that it may potentially be used in creative processes. “Creativity is traditionally understood as the capacity __________________ 5 6 7 8 9 10 11 12 13 14 15 16 25-12403 See A/HRC/39/29, A/HRC/44/24 and A/HRC/48/31. See www.ohchr.org/en/business-and-human-rights/b-tech-project. See, for example, A/73/348, A/74/493, A/76/151, A/78/310, A/HRC/32/45, A/HRC/38/48, A/HRC/41/41, A/HRC/46/37, A/HRC/47/52, A/HRC/49/52 and A/HRC/50/32. See also https://empresasyderechoshumanos.org/wp-content/uploads/2022/04/INFORMATION-NOTEon-PP_LAC_EN.pdf. See www.ilo.org/artificial-intelligence. See www.unesco.org/en/articles/recommendation-ethics-artificial-intelligence; www.unesco.org/ethics-ai/en/eia; and https://unesdoc.unesco.org/ark:/48223/pf0000391566. See www.itu.int/en/action/ai/Pages/default.aspx. Organisation for Economic Co-operation and Development, OECD Guidelines for Multinational Enterprises on Responsible Business Conduct (OECD Publishing, Paris, 2023). www3.weforum.org/docs/WEF_AI_Procurement_in_a_Box_AI_Government_Procurement_ Guidelines_2020.pdf. See https://digital-strategy.ec.europa.eu/en/policies/regulatory-framework-ai. See www.coe.int/en/web/artificial-intelligence. See https://au.int/en/documents/20240809/continental-artificial-intelligence-strategy. All submissions are available at www.ohchr.org/en/calls-for-input/2025/call-contributionsartificial-intelligence-and-creativity. 5/21