German regulator: Google AI Overviews subject to media law

Germany's media regulator, the Commission for Licensing and Supervision (ZAK), has declared that Google's AI Overviews and Perplexity AI fall under German media law, classifying them as content providers.

This ruling, representing Germany's 14 state media authorities, stems from increased scrutiny of AI-generated content and follows a Munich court's decision holding Google liable for inaccurate information produced by its AI Overview feature. ZAK Chairman Thorsten Schmiege stated that AI search engines and chatbots are content providers to whom German media law will be consistently applied.

The regulator determined that the liability exemption under the EU's Digital Services Act, which typically shields platforms from responsibility for illegal user-generated content, does not apply in these instances. ZAK argued that AI Overviews prominently display content, potentially disadvantaging traditional search results and third-party media. Similarly, chatbots that select and present sources alongside answers could be considered media intermediaries, subject to rules safeguarding media plurality.

Both Google and Perplexity AI have the option to challenge these decisions through legal channels. Perplexity stated it complies with EU privacy rules and holds SOC 2 Type II certification, while Google did not immediately respond to a request for comment.