European regulators address AI governance and net neutrality

European regulatory bodies are addressing the intersection of artificial intelligence and existing digital frameworks. The Body of European Regulators for Electronic Communications (BEREC) has released a draft regarding AI-based response services and software agents. The draft clarifies that the selection, structuring, and presentation of content by generative AI occurs at the application and content level, rather than the network layer. Consequently, BEREC concludes that AI-driven content processing does not fall under the scope of current EU net neutrality regulations, which primarily govern internet access providers.

Parallel discussions regarding AI safety focus on governance and state control. Debates are emerging over the implementation of an AI “emergency brake,” with critics questioning whether safety measures are being used as a pretext for increased government intervention. Key concerns include the potential for regulators to demand prior approvals, audit rights, and emergency powers once frontier models are deemed potentially dangerous, raising questions about the balance between innovation and oversight in Europe.