The coexistence of ethics and regulation is not only a desirable goal, but a necessary step to address the challenges posed by AI in an effective and sustainable way. Ethics, however, cannot replace the law, explains Bocconi Professor Oreste Pollicino in a new video. In dialogue with the famous Renaissance thinker Niccolò Machiavelli, Pollicino argues that ethical declarations provide ideal guidelines and objectives, but it is only through clear and enforceable legal provisions that an effective balance between technological development and the protection of rights can be ensured.
The European Union has already embarked on this path with regulatory proposals such as the AI Act. Inspired by a risk-based approach, it represents a paradigmatic example of how ethical principles can be translated into concrete rules. The highly innovative and dynamic nature of AI requires flexible regulation, capable of rapidly adapting to technological changes. In this context, ethical codes can play a complementary role to legal rules, offering a framework of principles capable of guiding the actions of various actor beyond legal obligations.
Co-regulation, understood as collaboration between public and private actors, represents an effective model for balancing the needs of innovation and protection. This approach allows for the integration of ethical principles into dynamic regulatory frameworks, strengthening the legitimacy and effectiveness of the rules. A significant example of co-regulation is represented by the voluntary codes of conduct provided for by the DSA. These codes, developed in collaboration with digital platforms, aim to mitigate systemic risks, such as disinformation, and to ensure greater responsibility of operators with respect to harmful but not illegal content.
