At a two-day conference on “Artificial Intelligence and Justice” at Spain’s Supreme Court, organized by the Asociación de Letrados del Tribunal Supremo (ALTS), Judge Manuel Marchena warned that AI is quickly altering how societies perceive truth and fairness. Speaking in Madrid, he discussed the legal and ethical challenges of deepfakes, algorithmic profiling, and the concentration of digital power, urging Europe to address these issues.
Judge Marchena noted that AI, deepfakes, and the data economy are reshaping societal understandings of truth, democracy, and justice. His talk focused on the significant legal and ethical changes brought about by rapid technological advancements.
Why “Free” Platforms Are Not Really Free
Marchena posed the question of whether people would pay if platforms like Twitter (now X), WhatsApp, or Google charged a euro per year. He believed most would. Even at ten euros, he asserted that millions would still use these services.
These companies, valued in billions, charge nothing. For Marchena, this indicates their actual business model is personal data, often called “the oil of the 21st century,” with geopolitical value and substantial influence for the companies controlling it.
A New Digital Class: Harari’s “Irrelevants”
Citing historian Yuval Noah Harari, the judge warned digital systems might create a new social category: the irrelevants. These are individuals whose data are unimportant to algorithms, possibly excluding them from political and economic discussions.
Marchena observed this divide in how algorithms dictate what citizens see, read, and discuss online.
Deepfakes and the “Right Not to Be Deceived”
Marchena expressed strong concerns about AI-generated deepfakes, noting the ease with which videos or audios can make public figures appear to say things they didn’t. By the time content is proven fake, the damage may be irreparable.
Many institutions, like the European Parliament, are developing regulatory tools to protect what Marchena termed the “right not to be deceived.”
These concerns connect to the new EU Artificial Intelligence Act, which limits high-risk AI systems and bans certain biometric surveillance practices threatening citizens’ rights.
Nanotechnology, Quantum Computing and a Robotised Society
Marchena referred to ideas by Mustafa Suleyman, co-founder of DeepMind, on technologies radically transforming society: quantum computing, nanotechnology, and robotics.
He envisioned buildings constructed by autonomous robots working nonstop, impacting labor markets and public services.
Kasparov vs Deep Blue: When Machines Surpassed Human Intuition
The judge revisited Garry Kasparov’s historic chess matches against IBM’s Deep Blue. While human masters think a few moves ahead, Deep Blue evaluated hundreds of millions of positions per second.
This moment, Marchena noted, marked when machines surpassed human intuition in certain areas.
Predictive Algorithms and the End of Privacy?
Marchena referenced a University of Cambridge study showing algorithms could infer personality traits from social-media activity, understanding individuals better than their closest relations.
He raised concerns about privacy and autonomy, questioning what happens if humans begin trusting algorithms over their judgment.
AI, Human Rights and Legal Safeguards
Marchena acknowledged differing expert opinions: some fear AI’s existential threats, while others argue AI will never replicate human intuition or moral reasoning.
He criticized transhumanist ideas of “digital immortality,” describing them as technological myths confusing digital copies with true personal identity.
These concerns resonate with European debates on human rights and AI, as seen in The European Times’ reports on AI and fundamental rights.
Democratic Accountability and Deepfake Protection
Marchena’s warnings align with a European trend for new rules against deepfakes and data misuse. Denmark, for instance, drafts laws to protect citizens from unauthorized digital impersonations.
At the EU level, investigations like the EU Ombudswoman’s inquiry into AI standards highlight increasing concerns about accountability and algorithmic transparency.
Justice in an Algorithmic Age
Marchena argued justice systems cannot stay neutral as they encounter digital evidence and algorithmic tools evolving faster than judicial procedures.
He emphasized the need for legal transparency, non-discrimination, and effective remedies for those harmed by automated decisions, ensuring technology remains accountable to democratic principles.
A Call for Critical Thinking
Marchena concluded by urging the public, especially younger generations, to maintain critical distance from algorithmic suggestions. The future of democracy and justice, he suggested, relies on citizens questioning digital systems rather than submitting to them.
Editorial Illustration (16:9 Prompt)
(For editorial use – not shown in article text)
Image Prompt:
Create an editorial-style 16:9 illustration of a European courtroom or the Spanish Supreme Court interior. A judge’s silhouette faces a large translucent digital interface filled with blurred faces, lines of code, and AI patterns. Silhouettes of people using smartphones appear in the background, symbolizing social media and deepfakes. Use muted blues, greys, and light gold tones, with a soft depth of field.
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